This is interesting. I don't know what to say to someone who worries more about a brandishing charge than the possibility of shooting their wife.
I'm thinking HD here.
Even still, I have trouble imagining how this is a practical concern.
This is interesting. I don't know what to say to someone who worries more about a brandishing charge than the possibility of shooting their wife.
I'm thinking HD here.
Even still, I have trouble imagining how this is a practical concern.
Last edited by Leuthas; 03-28-15 at 02:45.
Weapon mounted lights are legally acceptable since you are going to need to see, or discriminate rather, what your target is.
In an HD situation, if you are clearing your house with a weapon mounted light and you sweep someone that's not supposed to be there, thats reasonable and perfectly legal. If you are walking your dog outside and using your gun light for a flashlight, not reasonable.
If you mean in "as another person" that turns out not to be a threat, then possibly yes. You may want to check into your local or state laws concerning weapons handling. In WI, the firearm can be loaded or unloaded, and you could be charged with negligent handling of a firearm endangering the safety of others, which is a misdemeanor. The firearm will also be taken and destroyed as it was involved in the act of a crime. It does not matter if your actions were intentional or unintentional. If the person you are pointing at believes your intentions could cause them harm, and calls law enforcement personnel you may be arrested, or subpoenaed to court to account for your actions.
I guess I could see a potential problem if you're a person so on edge that you're pointing your gun at every shadow, noise, or person you encounter in the dark. If I'm in my home, it's only my wife and I, so I'm not concerned in that instance. If I'm out in a CCW situation there are many factors that would determine whether I pull my weapon or not. Situational awareness, environment, instincts, and voice commands will all play a factor in determining a potential threat to me. As mentioned different states have different laws. I imagine though if you can reasonably articulate why you thought the situation you were in warranted pointing your gun and illuminating a potential target, you most likely won't end up in jail.
A possibility, but if your actions are based on your reasonable belief that you were in danger you can claim self defense under WI's self defense statute (939.48). Depending on a number of factors, this could play out in court, or wherever the incident took place. And that can determine how long it takes to get your gun back.
From legis.wi.gov (State Legislature's online annotated statutes), searched under "intentionally pointing":
-from statute 939.48 Self DefenseAlthough intentionally pointing a firearm at another constitutes a violation of s. 941.20, under sub. (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what he or she reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00-0064.
Last edited by Chameleox; 03-28-15 at 09:10.
The advice above is worth exactly what you paid for it.
Last edited by Chameleox; 03-28-15 at 10:45.
The advice above is worth exactly what you paid for it.
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