What if someone threatens to say you pulled a gun on them?

azurefly

Moderator
Someone mentioned this in another thread, in passing.

What if someone who knows you have guns, and takes a dislike to you, threatens to call the cops and say that you threatened them with a gun?

What if they can manage, for whatever reason, an accurate description of at least one of the guns you have, and can make it seem plausible even though it never happened?

What can you do to either head the claim off before it is made, or refute it if it has been made?

It's a scary prospect: some jerkoff neighbor or something who has a stupid grudge, let's say. He says that he's going to call the cops and say that the last time you had an argument about whose dog pooped in whose yard, you pulled your Glock 23 out of your waistband and started calling him names that rhyme with stitch....

You can prove that you did no such thing exactly how?? What would the cops do? Assume the guy is willing to file an affidavit and lie on the police report. Neither of you can really prove your claims, but since he's making a serious one (which he feels confident he can do even though it's a lie because you cannot prove it's a lie), the cops will probably want to take it seriously. (Also assume you don't have any rapport with the cops who respond -- you're strangers to each other.)

Anyone ever had to deal with this kind of scenario? I think it's an important one to think about, since it can really screw you if it goes on and you don't handle it properly (whatever "properly" might be).


-azurefly
 
Thats a tough one. Be butt kissing nice to them? Call the cops first and tell them what they were going to do? Hmm.

I had my buddy's wife threaten to call cops and say I had stolen her 30/06 unless I brought it back. She had bought it for him and he sold it to me when they were going through a fighting binge, and he was unsure if she'd snap or not and felt it was best to sell it off & not have it at the house. She took that oppurtunity to hurt him through attempting to turn his friends against him by threatening me. I quietly hung up on her and waited for it to blow over. It did and now she isn't allowed over anymore. I wont let her gather info that she could potentially use against me.

But a mostly stranger neighbor? Be politely distant. Who cares if their dog craps in your yard? Don't stir them up by giving them the ammo from a confrontation. ??
 
Chances are if he IS willing to sign a false statement (which is a crime - possibly a felony), and it can be articulated to/by the cops that YOU commited the crime (a misdemeanor) of menacing, then they will likely get a warrant issued for your arrest. After that it will be between you, the DA, the lawyers and such.

Now some cops - like me, would probably contact you ahead of time to get you to come in so I could get your side of the story to see what's what, but others might not.
 
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By the way, the examples (and the basic scenario) are not applicable to me -- I am not asking because I have this situation going on with a neighbor or something. I was just curious, because it could theoretically happen to anyone.


-azurefly
 
"What if... Superman was a Nazi?" :D

Another good reason to not tell or allow every Tom Dick and Harry into your personal life/hobby and to be a good neighbor/friend to "good" people only.

While it COULD happen with an angry estranged neighbor, I think it more likely that an angry estranged spousal unit, girl/boyfriend, etc. could do that type of damage in a heartbeat.

Unless you have witnesses around you 24/7 who can claim otherwise, you'd probably be in a world of hurt. Probably be wise to file a lawsuit against him for slander if (big "if" too) you can back it up for legal action showing cause, false accusation, damages, encountered, etc. and he has deep enough pockets to make it worth your attorney's time.

So, like the old saying goes, "Be nice to everyone you meet, but have a plan to... deal with them when things go south".
 
I would think in a 1 on 1 situation that as usual it would be he said vs she said so to speak. Probably wouldn't pursue a case in that example. More then 1 witness and you could have a problem.
 
You got me thinking.
I just realized that my firearm habit is a VERY private one, mainly due to being in the P.R. of Kali.

I can't get a CCW in my county. 28 years since the last one was issued, unless I REALLY wanted to go to court, appeal, etc. and, the end result might well be a precedent that would hurt the gun cause, not help it. Don't know, since this is a very conservative area, and, I could pull a conservative judge. Probably wouldn't want this in front of a jury, around here.

All it takes is one, and you loose. Only gun anyone around here might see is a rifle case, going to the range, and I'm NOT real happy about that, either. Not to mention you have the whole theft issue, if your 'friends' know you have guns.

S
 
Voice activated recorder, corded mini-mic, rewind the tape every few hours unless something happens that you want saved.

Works for me for dealing with the crazy mother's side of my family.
 
Lotta sound advise here to:

1. Don't flash your guns around.

2. Stay on good terms with everybody.

3. Don't date crazy people.

Works for me.
 
That scenario DOES happen--not so much with firearms, but with lots of other things.

In this case, responding officers are trained to listen to both sides of the story FIRST, before making a snap decision. There are not as many cops who would jump the gun (in this case literally) as you might think.

First of all, the dispatcher would probably pick up on the many subtle nuances that people would make when they are lying through their teeth.

The responding officers would also pick up on the fact that something would not be quite right about the story. By asking for detailed information about the incident, and going into detail about the the details themselves, a good cop can unravel a lie in about a minute flat. Furthermore, a liar will usually trip themselves up when writing a narrative about something that did not happen.

This is not to say that there are not some REALLY good liars out there; there are. But you would REALLY be surprised to learn the subtle signs that people give when they're lying. And, we are trained to look for those signs.

Also, to arrest someone on hearsay would be done only in rare circumstances. Good, articulable probable cause must be developed for an arrest.

Advice? If you have someone who you believe would to this to you, your best defense is a credible witness. Do NOT talk to them without someone else present. If necessary, take a preemptive stance--a no-contact order will be sufficient.

However, as someone has already said, be circumspect in your dealings with other people, and be careful about who knows your personal life.
 
While it COULD happen with an angry estranged neighbor, I think it more likely that an angry estranged spousal unit, girl/boyfriend, etc. could do that type of damage in a heartbeat.


Don't think I haven't thought a bit on that one... :(


-azurefly
 
What if someone who knows you have guns, and takes a dislike to you, threatens to call the cops and say that you threatened them with a gun?
How about a Sony digital voice recorder? I gave these to 2 of my kids last Christmas. They are sufficient to record lectures if one sits in the front of the classroom. Sound is sort of tinny if you're recording from over a few feet away but its understandable and doesn't have any tape hiss nor hum.
 
Here in Georgia, I discovered, long before 9/11 that there was a law on the books about making terroristic threats. It may apply to threats made to an individual or it may be a bomb threat to a place of business. They are treated the same. The emphasis is on the threat. Today, that charge gets more response than it ever did before.

The threat to accuse falsely may be considered a terroristic threat in Georgia.
 
Bud, that brought back memories. Good old NCIC code 5303 - Terrorist Threat, as noted on the CRIS system. I sort of wish we had it back--it was much simpler to use.
 
I had a nieghbor like that from 1992 to 1997 learned that those type of people usually have a name with thier other nieghbors and the local police. They don't become human waste overnight. When and if they call the law on you that will be considered. Also a survallence system wouldn't hurt and also helps in these day of libelity siutes
 
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Women have been the worst for me.

Twice in Hawaii, I had restraining orders granted by female, super liberal oriental judges. First time was my tennis partner. Her husband thought I was having an affair with her, and I was not. So, he started stalking me. I took him to court, since he was coming on my property, and, that was getting my landlord upset. I got the restraining order, but, lost the right to bear arms, since in Hawaii, if either side is granted, both sides have to turn in their firearms to the police. Guess they want to make sure the victim is helpless, and defenseless.

Moral: Know your states laws before you move in the legal arena.

Second time: Beautiful girl turned out to be a bit whacky, like Mentally retarded, but, it took awhile to figure it out.

I broke it off,quickly, and she wouldn't let it go. She got the great idea of filing for a restraining order, even though I hadn't been around her for a long time, and, in fact, she was coming by my house, looking for me. Judge granted her a 2 year R.O. on the basis that it 'would make her feel better'. I actually think the judge knew the woman, knew she was crazy, and granted the R.O. for MY good, not knowing I was a firearm owner. MANY police officers in Hawaii have had to turn in their guns for the same reason, as I found out, discussing it with them.

I can't emphasize enough: most states require you loose your right to bear arms, if someone files for a Restraining order against you, and, the threshold for evidence is non-existent for a judge to grant a TRO, or RO. NEVER FLASH A GUN, IF YOU CAN AT ALL AVOID IT, AND, ONLY IF YOUR THREATENED ENOUGH TO ACTUALLY HAVE TO USE IT. THEN CALL THE POLICE. I'VE THOUGHT ABOUT IT, AND, I THINK I'D RATHER LOOSE A FIGHT, THEN HAVE TO PULL A GUN.

Hope this helps a bit.

S
 
azurefly, I know it isn’t the most widely accepted tool but I would think a lie detector would be of some help here, assuming that both parties took it.
 
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