Does removing gun from holster constitute assault or aggrevated assault?

[NavyLCDR]

I think I understand where you're coming from, so I can only hope you will forgive me for attempting to keep this conversation at an adult level and not 5th grade elementary school name-calling.
The danger in such statements as yours is that they can easily be used against the issuer (in this case, the issuer means 'you'). It simply goes like this....
"Ladies and gentlemen of the jury, I will prove today that my client, Mr Thuglife was deliberately shot by the accused, Mr Apvbguy. My client was indeed attempting to commit a criminal act, but when confronted by Mr Apvbguy dropped his weapon, fell to his knees in supplication, raised his hands in surrender and begged, BEGGED, for his life. Unfortunately for him, Mr Apvbguy had drawn his pistol and as you saw introduced as evidence had made repeated statements that if he drew his weapon he was going to use his weapon, no ifs ands, or butts. He was going to kill someone if he drew and that was just simply that. My client is the victim here, and Mr Apvbguy by his very words has confessed to being the aggressor."

Kind of reminds me of a certain pharmacist in Oklahoma City....

 

[apvbguy]

I don't pretend to know all. I post citations to statutes that I base my opinions on so other people can read the statutes for themselves and decide whether

it's know as a conversation, try it sometime

 

[apvbguy]

I think I understand where you're coming from, so I can only hope you will forgive me for attempting to keep this conversation at an adult level and not 5th grade elementary school name-calling.
The danger in such statements as yours is that they can easily be used against the issuer (in this case, the issuer means 'you'). It simply goes like this....
"Ladies and gentlemen of the jury, I will prove today that my client, Mr Thuglife was deliberately shot by the accused, Mr Apvbguy. My client was indeed attempting to commit a criminal act, but when confronted by Mr Apvbguy dropped his weapon, fell to his knees in supplication, raised his hands in surrender and begged, BEGGED, for his life. Unfortunately for him, Mr Apvbguy had drawn his pistol and as you saw introduced as evidence had made repeated statements that if he drew his weapon he was going to use his weapon, no ifs ands, or butts. He was going to kill someone if he drew and that was just simply that. My client is the victim here, and Mr Apvbguy by his very words has confessed to being the aggressor."

try to grasp this, my weapon will remain concealed until I feel that my safety is in imminent danger. My weapon is a tool to be used as a defense from threats to my well being. my weapon IS NOT a tool that is used to scare or intimidate. I don't know how much clearer I need to make things.

 

[NavyLCDR]

it's know as a conversation, try it sometime

I am engaging in conversations - it seems as if you have a particular issue with me engaging in conversation.

 

[apvbguy]

Kind of reminds me of a certain pharmacist in Oklahoma City....

hmmm are you assuming??
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[apvbguy]

I am engaging in conversations - it seems as if you have a particular issue with me engaging in conversation.

you rarely converse, you usually pontificate

 

[NavyLCDR]

you rarely converse, you usually pontificate

If your definition of pontificating is to post citations to factual references regarding the specific questions asked - then yes, I do. Asking someone to back up their opinions with factual references is not pontificating - it's called enabling people to make informed, fact based decisions on something more than "well this guy on the internet that I have never met on the internet said..."

Usually the people who get most upset about being asked for factual references are those that have none, but that is really nothing more than an unsubstantiated opinion.

 

[apvbguy]

let's have a drink of your favorite whiskey
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[Fallguy]

Ummmmmm..... I was away for a bit and missed some it appears. Admittedly didn't fully read what appeared to be some back-and-forth between two members, but Tennessee does not have a "brandishing" law. As has been said aggravated assault would be the applicable statute. And the best answer to the OP is still "it depends".

 

[Fallschirmjäger]

try to grasp this, my weapon will remain concealed until I feel that my safety is in imminent danger. My weapon is a tool to be used as a defense from threats to my well being. my weapon IS NOT a tool that is used to scare or intimidate. I don't know how much clearer I need to make things.

I think we all 'grasp what you're trying to say', what we are trying to explain to you (in the gentlest terms possible) is that your words are ill temperate and can be used against you.

It doesn't matter if you conceal until the very last nano-second before you believe you have to shoot. You have stated that IF you pull your gun you WILL shoot someone. Such sweeping statements are easily misused in courtroom situations to the detriment of those who issued them.

I'm not sure how more clearly I can say that without being condescending.

 

[apvbguy]

what I am saying is that I will only be bringing deadly lethal force into play if and when my well being is in IMMINENT DANGER, that is a long way from in ANTICIPATION of imminent danger. the difference might be small to you but in reality it is significant

unlike some of the ninjas and wannabees found on some gun forums, I am not ashamed to admit that I would and have turned and run from dangerous situations rather than needing to paw my weapon in anticipation of something bad happening.

 

[SR9]

I agree apvbguy. Too many macho-men on the forum saying things that they probably wouldn't do if they thought about it for a while. I do not ever want to take another persons life, but if it comes to them or me, I will fire with the intent to kill. I know one thing is true. Dead men tell no tale. I have seen too many stories of someone wounding an attacker, only to be hit with an outrageous lawsuit by the attacker. Like I say dead men tell no tales, and enter no lawsuits. Best case defense is a one sided story of what happened, is mine alone.

 

[Fallschirmjäger]

Well, there's no way that saying you intend to kill, not to stop an aggressor; or that you are willing to commit homicide to ensure yours is the only testimony in court can ever come back to haunt you in court, is there?

Good thing there are no posturing macho men saying such things.

 

[CharlesMorrison]

I agree apvbguy. Too many macho-men on the forum saying things that they probably wouldn't do if they thought about it for a while. I do not ever want to take another persons life, but if it comes to them or me, I will fire with the intent to kill. I know one thing is true. Dead men tell no tale. I have seen too many stories of someone wounding an attacker, only to be hit with an outrageous lawsuit by the attacker. Like I say dead men tell no tales, and enter no lawsuits. Best case defense is a one sided story of what happened, is mine alone.

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[ET]

And which Tennessee statutes define aggrevated menacing or terroristic threatening? Even if you spell aggravated correctly?

Oh look, the spell check police are here.., and the other IDIOT offers his " Like " to the other IDIOT.

 

[ET]

This place is more like a comedy club..no one could be this rude, or this stupid on purpose, it has to be an elaborate act.... I come here to see the show posted by the members of the " Boys club ". It doesn't take long for Most people who come here, to know all of the cast members.

 

[Firefighterchen]

ET temper tantrums are getting hilarious.

Sent from my D6616 using USA Carry mobile app

 

[NavyLCDR]

ET temper tantrums are getting hilarious.

It's easier to attack me than it is to try to come up with an answer for SR9's completely made up charges of "aggrevated menacing or terroristic threatening"

 

[CharlesMorrison]

It's easier to attack me than it is to try to come up with an answer for SR9's completely made up charges of "aggrevated menacing or terroristic threatening"

Friggin EPIC!

 

[ET]

Friggin EPIC!

Could not be more purposeful to prove my point..... No I don't have any temper tantrums... The only tantrums I see are these larger than life Tantrum banners posted by those of you with little integrity, .... almost every posts, is an indictment of stupidity from you guys. Then the icing on the cake is when other members of the " boys club " post their " LIKE " at the bottom, now That is epic.
Like I say, I come here every morning to goad you into being the sad, pathetic people you actually are... here is a hint , go out and mingle with some real adults in real life... it may help you cope with your immature, internet muscles and sociopath afflictions. It might also help you grow up...

Thanks for the laughs...