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Posted: 3/8/2006 9:57:02 PM EDT
OK, my brother-in-law who is a foul-mouthed, hot-tempered know-it-all found himself in a confrontational position on yesterday.

Here are the facts:

He and my other brother-in-law own a landscaping company. The foul-mouthed one is confronted by some guy who states to him that his trailer actually belongs to the city and that it has been reported as stolen property. Bro tells him to F-off and continues what he is doing. The guy keeps telling him that he is going to call the police because it doesn't belong to him, it was stolen last year (the company purchased the trailer about 4 years ago.... it's not stolen). My bro calls him dumb mother f'er and tells him to g F himself. The guy gets in his face and starts yelling him to stop calling him a dumb mother F'er.

The guy tells him to go ahead and hit him... and if he does, he will get a surprise......... SO my bro decides to pull his pistol out of the truck and says that HE has a surprise. The guy calls the cops and they show up QUICK!

He is told to lay down with his hands spread and hancuffed. Meanwhile, my other bro shows up with the paperwork to prove that they are the true owners of the trailer.

Now... here is what I am concerned with. I thought that a person was not supposed to brandish a firearm in a situation that does not equal the use of a gun? Just because somebody tells you that they have a surprise, you just can't pull a gun a person, can you? I told my bro that what if his surprise was a round house kick to the gut, there is no fear for life there?

I got into it with both of them and they thought that I was crazy... ME, a guy that owns close to 100 guns told them them not to be pulling guns on people.

I would have handled the situatio MUCH differently. Literally, every sentence out of my bro's mouth is the F-word.

So... are there any NRS rules regarding the brandishing of a firearm?

thanks,
Ron
Link Posted: 3/8/2006 10:19:13 PM EDT
Asshole with a cell waiting.

Just a matter of time.
Link Posted: 3/9/2006 5:08:26 AM EDT
Ron. He's fucked. Absolutely you cannot brandish a weapon.

NRS 202.320 Drawing deadly weapon in threatening manner.

1. Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.
Link Posted: 3/9/2006 5:52:34 AM EDT
Sounds like the guy needs a wake up call before he really gets in trouble/ killed.
Link Posted: 3/9/2006 6:33:22 AM EDT
Link Posted: 3/9/2006 7:11:26 AM EDT
[Last Edit: 3/9/2006 7:12:43 AM EDT by chiz45]
Is he a CCW holder? If they charge him with a misdo, i wouldn't be too worried. He should probably be more afraid of this one, a gross misdo (possible 12 mos CCDC, or formal probation):

NRS 202.290 Aiming firearm at human being; discharging weapon where person might be endangered; penalty. Unless a greater penalty is provided in NRS 202.287, a person who willfully:

1. Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or

2. Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although an injury does not result,

Ê is guilty of a gross misdemeanor.



Anyhow, i've seen a few of these cases. Usually dealt to a misdemeanor, fine, anger mgt., with weapon forfeiture. IF he wants to roll the dice and go to trial on this thing, he'd better have some witnesses to establish that he had a REASONABLE fear for his safety.
Link Posted: 3/9/2006 7:20:44 AM EDT
[Last Edit: 3/9/2006 7:21:57 AM EDT by DoctorCheney223]
Just another thing I forgot to mention. They did let my brother-in-law go at the scene and gave him his pistol back. He did not have his blue card with him but they ran it to make sure it was registered to him.

They still think because the guy said "I have surprise for you", he was in the right for pulling his weapon out on him????

I asked him what if the surprise was a Bible because the guy didn't want it to escalate to violence..... then what? Do you pull a gun out everytime somebody says something that YOU think is threatening... and they both agreed that they have EVERY right to

thanks,
Ron

ETA: He is NOT a CCW holder
Link Posted: 3/9/2006 7:23:15 AM EDT
[Last Edit: 3/9/2006 7:28:36 AM EDT by chiz45]
I guess i assumed he was at least cited, but he didn't even receive a citation? What city was this in? My last one was in Henderson, and you can bet your ass they hauled him to jail.

There is no hard and fast rule for these types of events, even the most minute detail COULD mean the difference between guilt and innocence. Criminal cases are fact-driven. Did the 'surprise' guy make a gesture to his waistband? Did he take step forward or back? Did he make the finger across the throat gesture as he said it?

Even if the facts are square on with the law, that doesn't mean that the officer can't hook you up, the DA can't charge you, and that you can't be tried by a jury of your peers. All of this can happen to any of us, without regard to time, money, and emotional damage that you will suffer as a result.
Link Posted: 3/9/2006 7:27:37 AM EDT

Originally Posted By chiz45:
I guess i assumed he was at least cited, but he didn't even receive a citation? What city was this in? My last one was in Henderson, and you can bet your ass they hauled him to jail.



He was not cited or anything... they just took the bullet out of the chamber and put his pistol in the back seat of the truck. It occured at some rock place on Bonanza between Rancho and MLK.

thanks,
Ron
Link Posted: 3/9/2006 7:29:24 AM EDT
Doc, i just left you a voicemail ;)
Link Posted: 3/9/2006 8:39:42 AM EDT
I am very disappointed in the outcome. In my only experience with a drawn weapon, I was handcuffed, even though I was the complainant, regarding an intruder in the garage. Eventually everything got straightened out and the drunk, high, and belligerant intruder was hauled off. But the deputies impounded my pistol "for safe keeping" as "department policy". Took 4 months to get it back. Never again.
Doc, you are in the right on this. You should make arrangements with your in-laws next of kin to take possession of his goodies when he finally gets himself locked up or killed.
Link Posted: 3/9/2006 9:00:11 AM EDT
Taking your gun for safekeeping?? Dude, nice rights violation.

Back to the story.....

The Assault with a Deadly Weapon statute changed a few years ago. That would be the most applicable charge here. What really happened was the legislature redefined NRS concerning assault.


NRS 200.471 Assault: Definitions; penalties.

1. As used in this section:

(a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm


The definition is very broad and the DA prefers this charge. Although it is routinely reduced for most AWDW cases.
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