Displaying and Pointing a gun. Is there a difference?

[Loganwildman]

My Wife asked me a question tonight and I am not sure of an appropriate answer. Is there a legal difference between displaying a hand gun and pointing a handgun?

The question came up as we were discussing an event that happened last week in Logansport and whether or not he was justified in displaying the firearm.
This newspaper article is all the information I have so if someone else has information, please share.

One thing I don't get is if there were no arrest's made, how could the police legally confisicate the guys firearm?


Here is a link to the newspaper article.

Police: Man displayed gun twice » Local News » Pharos-Tribune

 

[singlestacksig]

IC 35-47-4-3
Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.

 

[singlestacksig]

sounds like the guy with the gun was stupid, but might not have broke the law...

pointing would be to point the muzzle at someone.. jus holding up the gun might not be pointing.. but it could be threatening..

 

[hoosierdoc]

Brandishing a gun without a round in the chamber. Nice.

"Watch out, or I'll load this thing!"

 

[the1kidd03]

sounds like the guy with the gun was stupid, but might not have broke the law...

pointing would be to point the muzzle at someone.. jus holding up the gun might not be pointing.. but it could be threatening..

This...

pointing the muzzle at someone is certainly not ok unless justified....simply showing it is not in itself a criminal activity

 

[Loganwildman]

Agreed. Her thought was that whether it was displayed or pointed, the message is the same. "I am feeling threatened, back off or else"
Based on what I read in the article, I would agree that the Mustang driver was stupid and not justified in displaying the firearm as the chevy driver speed past.
But the second time is another question. Why would the chevy driver come at the guy again knowing the guy was packing a heater, if he didn't have some other intentions than a nice friendly discussion.

 

[GuyRelford]

There have been several successful prosecutions in Indiana for Intimidation based on the display of a handgun, although the "mere display" of a handgun is not nescessarily sufficient to communicate a threat - which is a requirement of the Intimidation statute. Check out Johnson v. State, as well as the Gaddis case discussed therein, to see the difference. J. Johnson v. State of Indiana :: March, 2000 :: Indiana Court of Appeals Decisions :: Indiana Case Law :: US Case Law :: US Law :: Justia

I discuss this issue at length in my Comprehensive Indiana Gun law course.

Guy

 

[Titanium_Frost]

Guy's next Comprehensive Gun Law class is June 23rd, I'll be there! INGOers get a $50 off deal if you email Guy when you sign up.

 

[the1kidd03]

Guy's next Comprehensive Gun Law class is June 23rd, I'll be there! INGOers get a $50 off deal if you email Guy when you sign up.

Anyone who carries a gun should make this class a priority above all else.

 

[TaunTaun]

There have been several successful prosecutions in Indiana for Intimidation based on the display of a handgun, although the "mere display" of a handgun is not nescessarily sufficient to communicate a threat - which is a requirement of the Intimidation statute. Check out Johnson v. State, as well as the Gaddis case discussed therein, to see the difference. J. Johnson v. State of Indiana :: March, 2000 :: Indiana Court of Appeals Decisions :: Indiana Case Law :: US Case Law :: US Law :: Justia

I discuss this issue at length in my Comprehensive Indiana Gun law course.

Guy

So how many officers tried to push the No OC argument by going after the display for intimidation?

 

[Hoosierdood]

Guy's next Comprehensive Gun Law class is June 23rd, I'll be there! INGOers get a $50 off deal if you email Guy when you sign up.

Sweet, Frosty's handing out discounts to Guy's classes. Hey Frosty, how 'bout you hook me up with the "Frequent Troublemaker" discount while you're at it. It's almost like extreme couponing, but with gun classes.

 

[gregkl]

Anyone who carries a gun should make this class a priority above all else.

I know I'll get flamed because it's worth it to avoid lawyer fees, jail time, hassle from LEO, etc., but I can't really let go of that much money for a one day lecture class. A review on the website says something about $150 spent on trinkets for your gun or taking a valuable class. $150 with $50 discount sounds reasonable. I could afford that. But at $225, I'll have to find another avenue to learn the laws.

 

[daddymikey1975]

Agreed. Her thought was that whether it was displayed or pointed, the message is the same. "I am feeling threatened, back off or else"
Based on what I read in the article, I would agree that the Mustang driver was stupid and not justified in displaying the firearm as the chevy driver speed past.
But the second time is another question. Why would the chevy driver come at the guy again knowing the guy was packing a heater, if he didn't have some other intentions than a nice friendly discussion.

I would intend to agree here.. someone bunched up their panties and sped off.. when he came back to pick the wedgie, he wanted something else.. THAT would have led me to believe he was justified (the return)...

Either way, he was an idiot for 'brandishing' a gun just for being tailgated..

 

[Titanium_Frost]

I personally wouldn't base any opinion on what was written in a news article.

 

[Faine]

value?

I know I'll get flamed because it's worth it to avoid lawyer fees, jail time, hassle from LEO, etc., but I can't really let go of that much money for a one day lecture class. A review on the website says something about $150 spent on trinkets for your gun or taking a valuable class. $150 with $50 discount sounds reasonable. I could afford that. But at $225, I'll have to find another avenue to learn the laws.

Not having been to one of Guy's classes yet I cannot speak of their quality, but I have spoken to Guy and seen how he runs ECPR and I would say that if the class is 225usd you're probably going to get your moneys worth. If not for all the extra lawn care I've got to do this year because of the dry season last year I'd be looking into a couple of his classes myself.

One thing I would like to point out is that if a LAWYER is willing to teach you, even for a fee, it's a huge responsibility for that lawyer to know all the ins and outs of the laws and how they've been applied in courts and been interpreted by those who work on the cases.

 

[GuyRelford]

So how many officers tried to push the No OC argument by going after the display for intimidation?

Great question! I've never seen a case where a LEO arrested someone for intimidation based on OC alone. Intimidation requires the communication of a threat.

Guy

 

[GuyRelford]

I know I'll get flamed because it's worth it to avoid lawyer fees, jail time, hassle from LEO, etc., but I can't really let go of that much money for a one day lecture class. A review on the website says something about $150 spent on trinkets for your gun or taking a valuable class. $150 with $50 discount sounds reasonable. I could afford that. But at $225, I'll have to find another avenue to learn the laws.

You won't get flamed at all - because it's your money, and therefore your prerogative. I respect your opinion.

Just as background - the course is priced based on the fact that I have several hundred hours invested in developing and updating the information in the course. The course is thoroughly updated every time I teach it. (This is not like buying a handbook that became outdated within weeks of being published.)

I've never had a student tell me that the course wasn't worth their time or their investment. In fact, my alumni are my greatest salesmen.

So now I'm offering at $50 discount to INGO members - which puts the course at $175. I think you'd find it worthwhile.

Guy

 

[gregkl]

You won't get flamed at all - because it's your money, and therefore your prerogative. I respect your opinion.

Just as background - the course is priced based on the fact that I have several hundred hours invested in developing and updating the information in the course. The course is thoroughly updated every time I teach it. (This is not like buying a handbook that became outdated within weeks of being published.)

I've never had a student tell me that the course wasn't worth their time or their investment. In fact, my alumni are my greatest salesmen.

So now I'm offering at $50 discount to INGO members - which puts the course at $175. I think you'd find it worthwhile.

Guy

Okay, I like your approach already. Do I go to the website and register? Or do I do something through here?

Things have changed. I used to work with Virginia police and DNR teaching personal protection, concealed carry and laws pertaining to that. It cost much less, but that was 14 years ago.

 

[GuyRelford]

Okay, I like your approach already. Do I go to the website and register? Or do I do something through here?

Things have changed. I used to work with Virginia police and DNR teaching personal protection, concealed carry and laws pertaining to that. It cost much less, but that was 14 years ago.

I'm going to add "Comprehensive Indiana Gun Law - INGO Discount" to my online registration at Tactical Firearms Training, LLC. It'll just take a few minutes.

Thanks!!

Guy

 

[Kirk Freeman]

While I do not understand why this matter comes up, I think it has something to do with the magic talisman thinking about guns, but never, ever "display" your firearm.

If you want to scare them put on a Halloween mask.

Take Guy's class and you will see why avoidance should be your primary objective.