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brandishing, assault or something else

peter nap

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There are two comments concerning stopping or slowing traffic in this screen grab.
What laws would be broken and what response would be legal?
i6gJfQI.jpg
 

sidestreet

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Well Peter…,

the railroad sometimes would claim something like "impeding interstate commerce" when the train would get stopped by, or colliding with tractor trailers or other vehicles stuck on tracks or grade crossings. Not sure that would apply, it would be a real stretch, not unlike some of our more familiar "brandishing" cases. :>(

sidestreet

Jeremiah 29:11-13

we are not equal, we will never be equal, but we must be relentless.
 

sidestreet

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Sorry, got stuck on "one track" thinking…,

the railroad sometimes would claim something like "impeding interstate commerce" when the train would get stopped by, or colliding with tractor trailers or other vehicles stuck on tracks or grade crossings. Not sure that would apply, it would be a real stretch, not unlike some of our more familiar "brandishing" cases. :>(

sidestreet

Jeremiah 29:11-13

we are not equal, we will never be equal, but we must be relentless.


I think brandishing might well apply, I guess it all depends on a lot of things like the county, the judge, and whether it's close to lunch or something, just to name a few. For example, remember when we were down in Surry for Skid's case and we had to sit through some other farce before getting to Skid's case, and one of the "players" had an outstanding warrant for "brandishing", which was totally unrelated to the case he was presently there for? IIRC, the "player" was in the woods "hunting" when some other folks happened along making too much noise to suit the "player" so he fired his shotgun, and subsequently the noise ceased and the folks causing it departed the scene post haste. There was some discussion and the matter was dropped without further ado, yet "we, (Skid mostly)" were to be run through the legal "wringer" for our buddy pointing his finger and standing up for his (and our) rights. I say "we" because there were small incidents that were designed to try and generally "piss us off" like the deputy trying to tell Grape that he couldn't have his gun in the foyer just outside the metal detectors, which Grape promptly pounced on and set them straight, and then Crybaby Poindexter pointing out to the Judge that "Yo Honuh, there are men outside this courtroom with guns!!" The Judge seemed…, amused.

Oh yeah, and if you just happen to be driving a school bus for a private school in a county where lots of "professional" folks send their kids to school and have that county's police hired as "Security", your chances of having anyone that just happens to have a gun convicted of brandishing are greatly multiplied, whether the gun was pointed or not, even if there is photographic evidence that none of what you claim is true. So as I said, it depends on lots of things. Just thought I'd throw that in for Scouser.

sidestreet

Jeremiah 29;11-13

we are not equal, we will never be equal, but we must be relentless.
 
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davidmcbeth

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http://www.virginiadot.org/business/resources/ted/final_mutcd/standard_highway_signs_book.pdf

As far as if what laws would be broken...Petey Nap does not give enough information .. need to know the place that the signage would placed, location of sign relevant to road, if road is a federal highway etc.

Issues may include federal, state, county, and local laws, rules, regulations, and case law.

I suggest Petey use this resource: GOOGLE

His lack of legal acumen is noted. Petey is advised not to post signs that he does not know will land him in jail or not.
 
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peter nap

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http://www.virginiadot.org/business/resources/ted/final_mutcd/standard_highway_signs_book.pdf

As far as if what laws would be broken...Petey Nap does not give enough information .. need to know the place that the signage would placed, location of sign relevant to road, if road is a federal highway etc.

Issues may include federal, state, county, and local laws, rules, regulations, and case law.

I suggest Petey use this resource: GOOGLE

His lack of legal acumen is noted. Petey is advised not to post signs that he does not know will land him in jail or not.

Thank you for taking time out from your ambulance chasing for offering that advice Davey.
I'll file it in the usual place next to the throne!
 
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davidmcbeth

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Thank you for taking time out from your ambulance chasing for offering that advice Davey.
I'll file it in the usual place next to the throne!

And instead of providing the information noted as being needed, Petey posts this....I don't think he's interested in the subject anymore. Maybe a butterfly flew by ...
 

peter nap

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And instead of providing the information noted as being needed, Petey posts this....I don't think he's interested in the subject anymore. Maybe a butterfly flew by ...

That's just for you Davey...why feed information into a dumb waiter.

For people capable of intelligent reasoning, they know that screen grab is all there is. I can understand YOUR confusion though.
 
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davidmcbeth

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That's just for you Davey...why feed information into a dumb waiter.

For people capable of intelligent reasoning, they know that screen grab is all there is. I can understand YOUR confusion though.

The butterflies are getting away Petey .... now go out and play like your mommy told you to do.
 

TFred

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As the saying goes, IANAL, but I read a lot. :)

From what I have read in the past, the one comment that raises the most attention is "let them look down the barrel of my 1100."

If a man can be convicted of Brandishing for merely raising a shirt and making a verbal reference to a flare gun in his waistband, I would certainly think that actually pointing a shotgun at a person would also be Brandishing.

And from this website, we find a definition of Assault as:

"Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. No intent to cause physical injury needs to exist, and no physical injury needs to result."

I should know this, but I cannot recall, does Virginia define "assault" in Code anywhere?

At first glance, it would seem to me that pointing a shotgun at a person should result in a conviction of BOTH Brandishing AND Assault.

TFred
 

skidmark

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As the saying goes, IANAL, but I read a lot. :)

From what I have read in the past, the one comment that raises the most attention is "let them look down the barrel of my 1100."


I should know this, but I cannot recall, does Virginia define "assault" in Code anywhere?

TFred

Yes. Yes, you should. It's at http://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57/

See how a hobby of studying the laws relating to ice cream and frozen yogurt can come in handy? :p

stay safe.
 

Firearms Iinstuctor

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Orange and black signs are advisory They don't hold the letter of the law they are for warning. Unless they were place to obstruct traffic I think it would be hard to find a chargeable offense.
 

peter nap

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Orange and black signs are advisory They don't hold the letter of the law they are for warning. Unless they were place to obstruct traffic I think it would be hard to find a chargeable offense.

I don't care about the signs. That's typical dog hunter nonsense. Stopping traffic in violation of hunting laws and stopping traffic at gun point are the big issues.
I have a video of a fellow shooting deer down the middle of a road at a blind curve. A copy of that's going to every member of the general assembly, along with this image and a break down of offenses.
Harris has already been tried on the shooting, reckless handling and trespass y charges.
 

davidmcbeth

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I don't care about the signs. That's typical dog hunter nonsense. Stopping traffic in violation of hunting laws and stopping traffic at gun point are the big issues.
I have a video of a fellow shooting deer down the middle of a road at a blind curve. A copy of that's going to every member of the general assembly, along with this image and a break down of offenses.
Harris has already been tried on the shooting, reckless handling and trespass y charges.

Why are you on this forum if you are such an anti .

I'll bet your only income is from the gov't. And of course, a registered democrat who makes calls for Hillary.
 
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