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Alert!!! Red Flag, red flag......
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Aloha, Mark
 
These kinds of decisions will be reversed on 1st Amendment grounds eventually.

Hopefully. The antis talk about how gun crazy America is -- apparently they are right at least as that condemnation applies to themselves. When I think back to my childhood games with friends and relatives, between the finger guns and tree branch rifles, we all would have gotten juvenile life if now was then.
 
Good grief!!! What a petty, whiny, litigious society our kids and grandkids will inherit - thanks to loudmouth strangers, ironically exercising their 1A rights.

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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?

Back to you guys and gals - but I'm not pointing.
 
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?

No/Yes.... IMO cannot prosecute an armed robber that is not armed. Yes, deadly force would be justified in fear of ones life. Too bad, so sad... robber shoulda brought a real gun.
 
This would be a good case to go through Appeals Process then possibly to SCOTUS. This is just a ridiculous Charge not to mention a tragically wrong verdict. Get the right Lawyer could be worth a couple million dollars.
 
... 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.
 
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.

Not the same thing. People being fearful doesn't mean the criminal is "armed" just because they think he is. Can he be shot, yes. Can he be tried for "armed" robbery... I don't see how if his gun is fake and he wasn't really armed.
 
""You can pick your friends and you can pick your nose but you can't pick your friends nose".
Well now with the advent of the modern high capacity finger gun, you can pretty much pick anyone's nose you want! McLovin' it. :cool:
 

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