How would you handle this as a CCW holder?

[Gawernator]

Unless I’m mistaken, wouldn’t that be assault? I don’t understand why he wasn’t charged, there’s got to be more to the story.

From a quick Google search:
“Assault: Requires the intent to cause harm or create fear, coupled with the immediate ability to do so. No physical touching is required. For example, swinging a punch and missing, or pointing a weapon at someone in a menacing way.”

Depending on the DA and facts could be charged as brandishing or assault with a deadly weapon yeah. But I think ADW is less likely if he didn’t point it at them. But I think he made a statement about shooting them which could also be charged as criminal threats PC422.

 

[NorCalBusa]

He had no business pulling out his firearm and confronting the young guys that way. I get he suspects they are canvassing for potential theft and he wanted to intimidate them. That was unacceptable.

I haven't watched the videos- "pull it out" from what? No holster I can see in the stills.

 

[SDDAVE56]

Power trip.

 

[five.five-six]

My gun won’t come out until it’s necessary for it to come out.

It’s nobodies business to know that I’m armed until they make it their business to find out I’m armed.


I don’t need anyone calling the PoPo to say: “he’s got a gun”

 

[five.five-six]

He had no business pulling out his firearm and confronting the young guys that way. I get he suspects they are canvassing for potential theft and he wanted to intimidate them. That was unacceptable.

Perfectly reasonable to ask someone on a public street what they are doing.

Stupid AF to to you hand and display your firearm before it’s required.

 

[grandpapeepap]

ask them what they are doing sure, demanding ID while being armed less so reasonable. they could also just ignore you asking what they are doing too

 

[dvoncock]

Depending on the DA and facts could be charged as brandishing or assault with a deadly weapon yeah. But I think ADW is less likely if he didn’t point it at them. But I think he made a statement about shooting them which could also be charged as criminal threats PC422.

Appears to be a solid PC 417-brandishing, but not really PC 245-assault, because he never raised/pointed the handgun (although, there’s conflicting California caselaw on that point.) I watched the video quickly, so didn’t catch everything Mr. Boomer said, but there could be a PC 422-criminal threats there too, if he said anything remotely threatening. Usually, 422 cant be a conditional statement; but caselaw is pretty clear that the non-conditional statement element goes out the window when someone is displaying a deadly weapon.

 

[Gawernator]

Appears to be a solid PC 417-brandishing, but not really PC 245-assault, because he never raised/pointed the handgun (although, there’s conflicting California caselaw on that point.) I watched the video quickly, so didn’t catch everything Mr. Boomer said, but there could be a PC 422-criminal threats there too, if he said anything remotely threatening. Usually, 422 cant be a conditional statement; but caselaw is pretty clear that the non-conditional statement element goes out the window when someone is displaying a deadly weapon.

Hey I was pretty good for a defense investigator ayyyyy

 

[Deleted member 48331]

A weapon is a tool that serves as an outward extension of a person’s inner power—whether it takes the form of a sword, a spear, or a gun.
The moment someone first wields a weapon, they experience a profound connection to their own inner power and strength. Over time, individuals learn to control both their inner power and the tools that expand their inner power. However, those who lack emotional control while wielding a weapon are truly dangerous. Like this Male-Karen. The police (in CA) are only allowed to check people's IDs if they committed a crime. Police can't go up to random people and check their ID's for no reason (Most people don't know that and show the police their IDs anyways). And the reason why the police check your IDs is to see if there is a warrant for your arrest or issue a ticket. I dont know about Florida. What was that Male-Karen suppose to do with their IDs? --> She <-- doesn't have a computer system to check their IDs. She just looked at it and gave it back? And she even asked for business cards. The black guy in the video has more reasons to carry a ccw. For emotionally sensitive male-karens like the old white dude.

 

[SamHenry]

I guess what I’m wondering is I’m a responsible gun owner who carries. I have teenage sons. When I watch this video what would you have me feel about it? Do you think I see an old man defending his community? If I pulled up in my car to pick up my son and his friends who’d I’d dropped off in the neighborhood to canvas for their business what would I see when I look at that man? Another responsible gun owner? Is that what you see?

 

[BONECUTR]

My gun won’t come out until it’s necessary for it to come out.

Ahhh the words of the poet Slim Thug come to mind.

I was taught only reach for the heat if you busting
So when lift this shirt that's the end of discussion

 

[Deleted member 48331]

I guess what I’m wondering is I’m a responsible gun owner who carries. I have teenage sons. When I watch this video what would you have me feel about it? Do you think I see an old man defending his community? If I pulled up in my car to pick up my son and his friends who’d I’d dropped off in the neighborhood to canvas for their business what would I see when I look at that man? Another responsible gun owner? Is that what you see?

Nope. I see a old white dude harassing teenagers.

 

[vplaza96]

Dude should have been charged. He had no reason to pull out his gun. I agree with the others who think he is either retired LE or has friends in LE.

 

[five.five-six]

Nope. I see an old white dude harassing teenagers.

Why is it always about race with you people?

 

[five.five-six]

Appears to be a solid PC 417-brandishing, but not really PC 245-assault, because he never raised/pointed the handgun (although, there’s conflicting California caselaw on that point.) I watched the video quickly, so didn’t catch everything Mr. Boomer said, but there could be a PC 422-criminal threats there too, if he said anything remotely threatening. Usually, 422 cant be a conditional statement; but caselaw is pretty clear that the non-conditional statement element goes out the window when someone is displaying a deadly weapon.

It’s not california and I don’t even know ca law but I do seem to remember something something something threatening manner something something somthing


I don’t remember reading anything about a retarded manner, and he was definitely holding a gun in a retarded manner

 

[Deleted member 48331]

Why is it always

Why is it always about race with you people?

What...? I was just describing what I saw... Not trying to make it about race...

In fact, can I ask you why is it always about race with you people?

 

[five.five-six]

What...? I was just describing what I saw... Not trying to make it about race...

In fact, can I ask you why is it always about race with you people?

I didn’t bring up race and hate. That’s all you.

 

[Deleted member 48331]

I didn’t bring up race and hate. That’s all you.

How is describing what i saw hateful?

 

[grandpapeepap]

It’s not california and I don’t even know ca law but I do seem to remember something something something threatening manner something something somthing


I don’t remember reading anything about a retarded manner, and he was definitely holding a gun in a retarded manner

florida is a "must id" state for cops if they have reasonable suspicion you committed a crime or about to. none of which apply to this situation, ignoring the guy not being an identified cop

 

[NorCalBusa]

My gun won’t come out until it’s necessary for it to come out.

It’s nobodies business to know that I’m armed until they make it their business to find out I’m armed.


I don’t need anyone calling the PoPo to say: “he’s got a gun”

Same here. Only way its coming out of the holster is so it can get to work. I don't know how that state defines "brandishing", but in my book its more than mere display of a weapon and talkng doens't qualify. I'd expect a willful and apparently able attempt to put fear into another person. Standing their with it in your hand not pointed at anyone or thing wouldn't meet sufficient criteria. Gonna need a totality of circumstances higher than what we can see there.