Is it illegal for someone to point a fake gun at you as if its real?

[Enigma]

Whats the rule? or a gun that fires rubber non lethal bullets?

[super_gnome]

yes, If you truly believed your life was in danger then it would be considered aggravated assault in the state of FL I believe a 3rd degree felony. Obviously there could be small differences between states, but they will all hinge on whether "you felt" your life was in danger.

An Aggravated Assault is "is an assault with a deadly weapon without intent to kill; or with an intent to commit a felony"

[Deuce]

I agree with SG. It doesnt matter what it actually is, its what the intended purpose is. Im no lawyer but thats how I think it would work. Ive had 2 agg assault charges, one with a gun and one with a car, both over 20 yrs ago. And with the car I didnt even mean to threaten him. But if I were in his shoes thats how I would have taken it I guess.

[Enigma]

yes, If you truly believed your life was in danger then it would be considered aggravated assault in the state of FL I believe a 3rd degree felony. Obviously there could be small differences between states, but they will all hinge on whether "you felt" your life was in danger.

An Aggravated Assault is "is an assault with a deadly weapon without intent to kill; or with an intent to commit a felony"

if that is the definitiion then why would a fake gun qualify since it is not a deadly weapon and there is no intent to commit a felony, only the intent is to make them stop bullying you.

[super_gnome]

It's all about what the victims perception is. If they felt they were in danger then it's the same charge. How about robbing a store with a toy gun. Still armed robbery unless the clerk said I saw the orange tip on the gun and knew it was fake. Then it would be strong arm robbery. How about another instance why would it be illegal to sell small chunks of soap as if it were crack. It's not crack, but it's still the same charge. Not technically the same statute, but still the same penalty.

Are you saying they knew it was fake from the start? If so that would change the situation. But then if they knew if was fake from the beginning then they would have laughed and said fuck off with your toy gun. If they were smart they would never admit they knew it was fake.

[Enigma]

robbing a store witha toy gun is robbing a store which is a felony. he shouldnt be charged with assault with a deadly weapon since it was neither a weapon nor deadly. it seems that the crack example shouldnt be illegal since the person is selling soap and not crack and crack is illegal. So its not like hes selling soap as if it is rice, hes sellling soap to someone who is seeking to buy an illegal substance which should negate the guy selling a mislabled product.

[super_gnome]

im not arguing with the logic just merely saying how it is. I'm former leo many yrs ago and although I'm sure there have been many amendments to the common statutes they haven't changed all that much. Robbing a store with a firearm or robbing it not armed is still robbery, but the degree and severity are certainly different. Selling soap as crack is still a felony. I know I worked the hood and dealt with it often. I thought your point was that you wanted to stop someone from bullying. The reality in that case is that any weapon in that situation taking into account the totality of the circumstance is going to be considered real by most victims. A reasonably prudent person wouldn't believe that if someone was trying to really stop a bully they would pull out a toy gun to do it otherwise they would most likely just get their ass kicked while holding a toy gun. I will try to answer your question to the best of my ability, but you would have to give me more info on this hypothetical situation.

[Data]

I dunno why don't you try running through a crowd up to President Obama with a chocolate gun and try to explain it was just a gift.

[Anomeley]

The "reasonable man" clause applies but not for what you are thinking. If someone drew a rubber gun on me that I did not know was fake I would most certainly react, draw my weapon and fire and be justified in doing so. The "reasonable man" would assume his life was in danger or others around him. Remember this scene? It adequately portrays the "reasonable man" clause.

[ame="http://www.youtube.com/watch?v=igD6yoZnVRk&feature=PlayList&p=C841835FAE1 CD8A4&playnext_from=PL&index=32&playnext=3"]http://www.youtube.com/watch?v=igD6yoZnVRk&feature=PlayList&p=C841835FAE1 CD8A4&playnext_from=PL&index=32&playnext=3[/ame]

[Johnny Test]

Hahaha a fake gun..hell yeah bro it's illegal. It doesn't matter if it's just your fingers pointing through your jacket, if you lead someone to believe that it's a gun then it's your ass.

[Enigma]

thats fucked up

[Wynn]

Now do a search or remember all the news articles about kids with fake guns that have been shot to death by cops who thought they were real.

If you are in your backyard with waterguns it is ok. If you are in public it can be more trouble than it's worth.

[GAY]

I think it would be assault, not aggravated assault in most jurisdictions. But yeah, definitely illegal.

[BROTHER-IRON]

i pulled a fake gun on someone when i was.... fack...what 14 ask me what happened?

[Enigma]

what happend? lol

[BROTHER-IRON]

Welllllllll Enigma!...I ...got... my.. ass... handed to me....fak....they were like 17 and 18...yup... i got bootfucked...served me right though.. can i have some ice-cream to ease the thought brother? lol

[super_gnome]

enig,
thought you might find this story interesting. As I said Agg assualt.

Toy gun leads to arrest
Comments 2 | Recommend 0
April 06, 2010 10:58:00 AM
SARAH OWEN / News Herald Writer

PANAMA CITY BEACH — Bay County Sheriff’s deputies arrested two young men Monday after witnesses said the youths drove by and pointed a toy gun at them.

Motorists told police the men, 18-year-old Kyle Crowley and his juvenile friend, aimed “what appeared to be a black gun” at a truck, at a driver and at a woman’s head, according to the BCSO report.

The woman was in the car with her 1-year-old baby; she told police she thought the gun was real and she feared for both her life and her child’s.

Deputies found the handgun, a plastic Airsoft pellet gun, under Crowley’s seat.

“The Airsoft gun was … the same size as a real gun,” the deputy wrote. “The gun was all black in color and the orange tip appeared to have been spray-painted black.”

Crowley and his friend were arrested on charges of aggravated assault; the juvenile was released on the scene.

[Enigma]

a pellet gun is a gun. in that case I can see, because she may have wrecked her car trying to evade the fake gun.. yes ice cream makes things better (at first).. im still clean, i havent bought any bluebell.

[Jmazz19]

My father inlaw when he was new to the force was on duty and driving down the st. This little kid (6-7yr) on the side of the road pulled out a toy gun which appeared to be real and pretended to aim it at him. I dont remember exactly what happen, but I remember he pulled over and cuffed the kid and booked him for the weekend. He parents had to post bail for him. It was a pretty big deal, it made the paper. Ill have to find the article.

[BROTHER-IRON]

a pellet gun is a gun. in that case I can see, because she may have wrecked her car trying to evade the fake gun.. yes ice cream makes things better (at first).. im still clean, i havent bought any bluebell.

ok ...lol yeah still clean huh...good man.

[Enigma]

ok ...lol yeah still clean huh...good man.

yea still clean, im going to get my life back.

[BROTHER-IRON]

yea still clean, im going to get my life back.

lmao..in that case i need to confinscate all spoon parafanaila..from your residence and I-Cream containers....just incase its a trigger for you ...

[Enigma]

lmao..in that case i need to confinscate all spoon parafanaila..from your residence and I-Cream containers....just incase its a trigger for you ...

if i get caught with a spoon or an empty cone i get kicked out of the program. and my blood is tested once a week for ice cream metabolites. lol

[BROTHER-IRON]

damn thats a serious program...so proud of you man sofakingproud....lol

[Thiago]

Yeah this would be ideal if you want to pretend like you are that character Omar from HBO's The Wire (tm). He would rob drug dealers instead of liquor stores. And who are the drug dealers going to complain to?!