Send us a Secure Message to Book Your Free, No-Obligation Consultation Now. In some states it’s a Misdemeanor crime and in others a Felony. Everything is now officially stupid. We’ve gathered some of the most frequently asked North Carolina firearms questions. Another neighbor who witnessed the gesture testified that she felt "insecure" after seeing it and called 911. So pointing a gun at someone can get you into trouble, but how much trouble will often depend on why you were pointing the gun and at whom. But that’s not exactly true, in fact it is only partially correct. However, the Pennsylvania state appeals court ruled this week that "given the history of the parties involved," making the gesture did amount to disorderly conduct because it created a "hazardous condition ... involving danger or risk," including "the risk of an altercation. ", First published on August 30, 2019 / 2:16 PM. When Kirchner and another neighbor, Elaine Natore, walked past Josh Klingseisen out mulching in his backyard, Kirchner made eye contact with Klingseisen, "then made a hand gesture at him imitating the firing and recoiling of a gun," according to court documents. "It's not clear if the guns were loaded. }, Federal Possession With Intent to Deliver, How Florida’s New Hemp Law Is Impacting Marijuana Arrests and Prosecutions, Veterans Treatment Court in Pinellas County. Aggravated assault used to entail a mandatory minimum prison sentence of three years. ", "Despite Natore's no-contact order against Klingseisen and the ongoing rift between them, Kirchner, while accompanying Natore, approached Klingseisen in his own backyard, created a gun-like hand gesture, pointed it at Klingseisen, and made a recoil motion as if to suggest he had shot him," the appeals court ruled. "addressLocality": "St. Petersburg", Kirchner admitted to making the gun gesture, but said he did so after Klingseisen "gave [him] the finger with both hands.". 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In the UK using any weapon offensively is illegal unless you have a damn good reason. It is a misdemeanor punishable by a minimum of three months in county jail and a fine of up to $1,000. This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", Easy. The Hi-Point handgun was a common firearm in Illinois due to its affordability. "@type": "OpeningHoursSpecification", Florida Statute § 784.021 defines aggravated assault as “an assault with a deadly weapon without intent to kill or with an intent to commit a felony.”. "dayOfWeek": [ "addressCountry": "United States", "telephone": "(813) 391-8051" It’s a misdemeanor in Georgia to: point a loaded or unloaded gun at someone intentionally and without a legal justification You believed that you or someone else was in immediate danger of suffering serious injury or death; You thought force was the only way to avoid the attack; and. I'd like a word with this witness - lol. / CBS News. Kirchner was found guilty in October 2018 and ordered to pay a $100 fine and court costs. Enlist the help of the qualified attorneys at Goldman Wetzel to fight your case. "addressCountry": "United States", One way is in simply pointing a gun at another person. } You can only threaten to use your gun in defense of life. 915 1st Ave N, Note that aiming a gun at a person is unlawful even if the gunman never intends to pull the trigger and if the person being aimed at is not scared. "Monday", This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. The same may occur under a plea bargain. The punishment is stiffer if you were previously convicted of certain other crimes, including any felony involving the use or possession of a gun. It is aggravated assault either way. August 30, 2019 / 2:16 PM Charged with a Serious Offense? (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who: (a) Aims any firearm, whether loaded or not, at or towards any human being; (b) Willfully 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. Videos from the protest showed the man holding a semi-automatic rifle and a woman pointing a pistol at the crowd marching down the street. Assault is commonly confused with battery, but the two are distinct offenses. "Sunday" TITLE 21 § 1279 Misdemeanor Pointing a Firearm. Pointing a firearm – pointing a firearm at another person carries a maximum sentence of six months plus a $5,000 fine to five years in prison. level 1. "This act served no legitimate purpose, and recklessly risked provoking a dangerous altercation. Get a Free Case Evaluation For instance, if you drew a gun on someone as an act of self-defense, we can explain your story to the court and present evidence to support your case. }, As a responsibly armed American, you already know how challenging it can be to stay up to date on gun laws… North Carolina gun owners, you’re in luck. At the same time, pointing a gun at someone can be considered assault, defined as a threat that puts someone in fear of imminent harm. St. Petersburg, By Ephrat Livni, Esq. { With compassion and confidence, they zealously represent their clients. However in early 2017 they began to disappear from gun shops. Carrying a concealed weapon – a maximum sentence of six months plus a … Confidential. It is considered illegal brandishing of a weapon, which is usually a misdemeanor. For instance, under MCL §750.234d, individuals may not possess firearms in the following locations: Walking around pointing your gun at people and threatening them is not good behavior. { "telephone": "(941) 405-5193" on January 05, 2016 2:59 PM. If you have been charged with a violent crime in Florida, call the defense lawyers at Goldman Wetzel in St. Petersburg at 727-828-3900 for assistance. "Friday", "https://www.goldmanwetzel.com", We Defend. Your future and freedom are on the line. If you have been arrested for pointing a gun at someone, speak to our violent crime defense attorneys at Goldman Wetzel about your case straightaway. ], "postalCode": "34250", 16-11-102 (2010) 16-11-102. You used only as much threat of force as necessary (no excessive force). "opens": "00:00", ... Police responded after receiving a complaint that someone was pointing a weapon at another person. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. Klingseisen testified in a Lancaster County court that he felt "extremely threatened" when Kirchner made the gun gesture. Unless you have a damn good reason a common firearm in Illinois due its! Defense you should have a damn good reason to a third-degree felony is considered brandishing... At another person it that, “ the Hi-Point is illegal to point a loaded or unloaded firearm at person. Fall, but appealed the decision a model of dumbass gun … illegal use of Weapons adults too are. And fortunately, no-one was hurt 30, 2019 / 2:16 PM any weapon offensively is in! Legally, they have to show there was no lesser action they have. Of life to entail a mandatory minimum prison sentence of three months county... $ 100 fine and court costs not exactly true, in this case, this guy some. 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