Brandishing..??? What do you think?

[Rich M]

I don't care what its called, glad she had a gun and the fortitude to use it! It could have been a tragic situation if she didn't.
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LONGVIEW, Wash. (AP) - A man who exposing himself took off running after a Longview woman pulled out a gun and pointed it at him.
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The Daily News reports that around 8 p.m. on Wednesday the woman was at Lake Sacajawea when a man approached her aggressively while masturbating and suggested she should watch him.
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Instead the woman furnished her gun.
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Longview police detective Kyle Sahim says officers haven't found the man Thursday evening but are investigating several suspects.
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The man involved in the Lake Sacajawea incident was described as a white male in his early 20s with short dark-blond hair. The victim called police later in the evening, saying she was looking at an online database of local sex offenders and believed she recognized the man she saw at the lake.

 

[Treo]

I'm curious, does the word "brandishing" even appear in the Washington revised code?

 

[Firefighterchen]

RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.

(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

(3) Subsection (1) of this section shall not apply to or affect the following:

(a) Any act committed by a person while in his or her place of abode or fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(e) Any person engaged in military activities sponsored by the federal or state governments.

The word "brandishing" is not used, but rather "carry, exhibit, display, or draw." With the exceptions...I would not find her guilty of unlawful carrying, exhibiting, displaying, or drawing. But some might think that a masterbating sex offender is not a threat...

 

[SCTom]

Good for her...guess that answers the 'who's is bigger' question.

 

[Austin]

Thats a poor reason to pull out a gun. Lethal force was not justified, nor was threatening with it. Pepper spray to his junk perhaps would work though.

 

[Deserteagle]

Guns are for saving lives, not scaring away people playing with their genitals. This woman needs to get some education on what guns are and when we can use them.

 

[Greggatshack]

The word "brandishing" is not used, but rather "carry, exhibit, display, or draw." With the exceptions...I would not find her guilty of unlawful carrying, exhibiting, displaying, or drawing.

LOL, but by that definition... he was... shall we say "brandishing his weapon"

 

[Treo]

Thats a poor reason to pull out a gun. Lethal force was not justified, nor was threatening with it. Pepper spray to his junk perhaps would work though.

Guns are for saving lives, not scaring away people playing with their genitals. This woman needs to get some education on what guns are and when we can use them.

Please tell me you two aren’t serious.
An unknown person who is clearly targeting you approaches you in such a bizarre manner and you think the thing to do is see what happens next?

I do like the pepper spray to the cojones idea though

 

[Rich M]

Im going to agree with TREO, if a sexual deviant is going to do that, they will probably do more than that. Scum keeps pushing the limits farther and farther. Good chance she would have be assaulted if she had not drawn. Put your wife or mother in her shoes and reevaluate.

 

[Nightmare45]

His weapon may not have been as big as hers.

 

[ozzmanluv269]

Also the woman had her child with her at the time according to the local news in OR can't say I would have not reacted the same.

 

[escapedthematrix]

“When a naked man is chasing a woman through an alley with a butcher’s knife and a hard-on, I figure he isn’t out collecting for the Red Cross.” Dirty Harry.

 

[Deserteagle]

Please tell me you two aren’t serious.
An unknown person who is clearly targeting you approaches you in such a bizarre manner and you think the thing to do is see what happens next?

I do like the pepper spray to the cojones idea though

Since you live in Colorado as well, do you honestly think getting a felony menacing charge is worth it to scare away a guy who wants you to watch him masturbate?

I don't care if you think that is okay, because at the end of the day, you will lose your right to own a gun and it wont happen again.

Indecent exposure it not something I will threaten somebody's life over. If you will, that's your decision.

Feel free to look at the law that would take away your right to own a gun, its a class 5 felony if you have a deadly weapon:

18-3-206. Menacing

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

 

[Rhino]

His weapon may not have been as big as hers.

But hers had more stopping power.

 

[Firefighterchen]

Since you live in Colorado as well, do you honestly think getting a felony menacing charge is worth it to scare away a guy who wants you to watch him masturbate?

I don't care if you think that is okay, because at the end of the day, you will lose your right to own a gun and it wont happen again.

Indecent exposure it not something I will threaten somebody's life over. If you will, that's your decision.

Feel free to look at the law that would take away your right to own a gun, its a class 5 felony if you have a deadly weapon:

18-3-206. Menacing

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

She should probably wait till he rips her clothes off before she shoots him right? Maybe even wait till his genitals are tearing hers up? She pulled a gun and he ran, there was no need to shoot at that point. If SHE felt her life was in danger or her body was in danger, she had every right to defend herself. This wasn't a little flash and run, he engaged her and was not leaving unless forced to. I'd rather have a woman be in the grey area like this case, than be in the hospital with a rape kit because it was just some "indecent exposure," and she ignored the warning signs.

 

[BigSlick]

Since you live in Colorado as well, do you honestly think getting a felony menacing charge is worth it to scare away a guy who wants you to watch him masturbate?

I don't care if you think that is okay, because at the end of the day, you will lose your right to own a gun and it wont happen again.

Indecent exposure it not something I will threaten somebody's life over. If you will, that's your decision.

Feel free to look at the law that would take away your right to own a gun, its a class 5 felony if you have a deadly weapon:

18-3-206. Menacing

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

Eagle, I'm going to have to side with Treo on this one. Only the pervert knows what he had in mind that day. No doubt that lady was scared and she was with her child to boot. Was he going to rub one out then leave? He might have been a wanted rapist having a bad day, who knows.
Laws were broken but not by her. She was simply protecting herself and child. Her only mistake was having the gun unloaded.

 

[Deserteagle]

She should probably wait till he rips her clothes off before she shoots him right? Maybe even wait till his genitals are tearing hers up? She pulled a gun and he ran, there was no need to shoot at that point. If SHE felt her life was in danger or her body was in danger, she had every right to defend herself. This wasn't a little flash and run, he engaged her and was not leaving unless forced to. I'd rather have a woman be in the grey area like this case, than be in the hospital with a rape kit because it was just some "indecent exposure," and she ignored the warning signs.

If you are going to argue that you should brandish somebody for public exposure because they could become violent, you may as well shoot everyone because anyone could become violent.

Guns are for stopping imminent threats on our lives.

 

[Deserteagle]

Eagle, I'm going to have to side with Treo on this one. Only the pervert knows what he had in mind that day. No doubt that lady was scared and she was with her child to boot. Was he going to rub one out then leave? He might have been a wanted rapist having a bad day, who knows.
Laws were broken but not by her. She was simply protecting herself and child. Her only mistake was having the gun unloaded.

Suit yourself, I just dont want to be a felon. Feel free to read the statute for my state. Its posted above. And I do not see public exposure as a justification to felony menace or use deadly force.

 

[mappow]

SC Law states the treat of rape. He brandished his gun, she brandished her weapon. I guess in this case size does matter. He probably had a snub nose and she was carrying a magnum.

 

[Firefighterchen]

If you are going to argue that you should brandish somebody for public exposure because they could become violent, you may as well shoot everyone because anyone could become violent.

Guns are for stopping imminent threats on our lives.

Here is where we see things differently. You seem to think she had no intention of firing her firearm, but only wanted to brandish it. I think she had every intention of shooting the criminal, but he ran. Not everyone is engaging woman masturbating and telling them to watch, this criminal did. To me, any reasonable person would see these circumstances and justify self defense. Yes, I feel you are not being reasonable, not to be insulting, we just won't agree on this one. Maybe my view is skewed because I have had to deal with rape victims both in my job and my family.