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These kinds of decisions will be reversed on 1st Amendment grounds eventually.
Nudging this to another level, I've always wondered how a DA might charge a robber brandishing a finger gun, but concealed in the pocket of a hoody. This in the commission of a "stickup" where, for instance, a store operator or bank teller feared for their life believing it was actually a firearm.
Prosecute for armed robbery? Justify self defense using deadly force?
... Nudging this to another level, I've always wondered how a DA might charge a robber brandishing a finger gun, but concealed in the pocket of a hoody. This in the commission of a "stickup" where, for instance, a store operator or bank teller feared for their life believing it was actually a firearm.
Prosecute for armed robbery? Justify self defense using deadly force?
...
I would say "yes" and "yes" (though I'm just pulling this out of my ... the air). People get shot all the time for pointing replica guns at police. The primary issue is whether the person seeing a weapon pointed at him or her, reasonably believes their life is in danger. Making it appear you have a pistol in your hoodie pocket is barely different than pulling out an Airsoft gun -- both create the impression that the person is armed and dangerous.