Pointing a firearm at Leo.

E

edfrompa

New member
I just read in the local paper where an individual pointied a pistol at a Leo. He was apprehended, and released on bail. What would be or could be the penalty of the law on this subject?
 
Could be as much, I suppose, as attempted murder of an LEO in the execution of his duty if, for example, he perp tried to fire a round.

The BG is a clear candidate for a Darwin award; the fact that he is still alive is a miracle.


[This message has been edited by RWK (edited July 24, 2000).]
 
If you go by the philosophy of never pointing at someone you don't intend to kill, then the accused should be up on attempted murder. In reality, he'll probably go up for felony menacing.
 
Penalty? Attempted murder. Depending on circumstances, plea bargain down to reckless endangerment. Either way, idiot shouldn't be let out until he passes a gun safety course (a la LFI's Judicious Use Of Deadly Force), complete with case-study via personal viewing of an appropriate autopsy.

Any bets on whether the idiot had his finger on the trigger too?
 
Ed, I'll bet you this was a smaller town. Why? Most of the LEO shooting guy with gun has to do with those who train the most (probably swat oriented). My training for CCP would define a pointing of a gun as justifiable defense (IE. dead) We own some property where a guy was stopping traffic with a loaded shotgun because he didn't like the gravel dust that was being kicked up. He blockaided the road and scared the poop out of the line of traffic he stopped. Someone used their cell phone and the county cops came and talked the guy down (one too many beers). Everytime I drive past his house on the way to the cabin I think about that and unsnap the holster. We had a case in our town (20,000) where an officer had reached the end of his rope and went to the city police department parking lot with a gun. The city chief was trying to talk the guy down, the sheriff showed up with his swat team and killed the guy. Why, cause his swat team needed practice. What's my point? Hell, I don't know! The guy's lucky to be alive,the cop is lucky to be alive (if the guy pointed the gun at him) and in this case and all when it involves a gun, it is a judgement call. In this case, everyone lived to tell the story, next time who knows........
 
I'd bet a six pack the cops in this town will be watching this guy like a hawk. Just looking for an excuse to put this guy back in jail where he belongs. It happened to rodney king, but he was a criminal even before the beating.

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"We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force."

--Ayn Rand, in "The Nature of Government"
 
Are you the "ED from PA" that I think that you are? If so, welcome to the board. If not, welcome anyway. Regards, FUD.
 
In the town I live near (well, sorta near, Its the closest anyway), he would be charged with Attemped Capitol Murder of an Officer. Unless he knew or was related to the mayor, a councilman, any one of the ten largest businessmen, or any democrat who ever voted. Then he would be let out when sober and given his gun back.

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Tonkin Gulf Yacht Club
68-70
 
Gotta ask since there's not much info here.

Was said LEO giving the "perp" a traffic ticket or raping his wife?

Makes a difference.
 
I agree--not enough info.Maybe's could go on all day--my guess is that the guy was insane---or the gun was obviously inoperative.Eg,no bolt etc.
 
Minimum, brandishment.

Maximum, attempted murder.

Likely? Assault with a deadly weapon, pleaded down to simple assault.

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Beware the man with the S&W .357 Mag.
Chances are he knows how to use it.
 
Attempted murder? Brandishing a pistol at a LEO, or anyone else, is not attempted murder. I'd like to review the laws of a state that categorized it as such, if anyone has links.

In Colorado the charge, if any is deemed appropriate, would be "felony menacing."

There are others relating to interfering with a peace officer, governmental official, etc, which may apply as lesser charges.
 
My father had a similar encounter with a leo but did not point his weapon at the officer. He was home alone one night and heard a noise in his back yard. His back yard is totally fenced in-wooden privacy fence, and he lives in a quiet, subdivisoin which for the most part has been a relatively crime free neighborhood. He was in his bedroom and it was around 11:00pm, summer time and the window was open. He clearly heard someone and they were snooping around in the dark in a fenced in area near the house. He retrieved his pistol and was peeking out the window, pistol by his side. The leo was a sheriffs deputy and he knew my father and called him by name, turned his flashlight on his badge and uniform and said, in effect it's deputy so-and-so, I am out here. Dad asked him what he was doing out there in the dark? Just checking around. Dad saw him later on in the week at his business and asked him what he was doing out there and the deputy said he was just checking cause there were usually more cars in the driveway--big family and all gone but Dad, and when he saw my Dad come to the window with his pistol he thought he might get shot. Dad said no, but I was about to challenge you and find out who you were in another couple of seconds and what exactly you were doing in his yard this time of night. Glad he followed the basic rules: finger off the trigger and know thy target.
 
Erik,

Check out the Virginia code on the state website. I'm pretty certain that simply pointing a gun at another person can be construed as attempted murder. It may have to be in the presence of other mitigating factors, such as the statement "I'm going to kill/shoot/get you," etc.

As always, YOUR state laws will vary considerably.

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Beware the man with the S&W .357 Mag.
Chances are he knows how to use it.
 
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