Have You Just Committed a Crime?

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  • GuyRelford

    Master
    Rating - 100%
    2   0   0
    Aug 30, 2009
    2,542
    63
    Zionsville
    Upon request, here is my next legal scenario:

    The day after Thanksgiving, your spouse talks you into going to the largest mall in your area to do some shopping on the infamous "Black Friday." You're not really enthused about it, but you reluctantly agree.

    When you get to the mall, you see that there is absolutely no parking available, so you patrol the lot for nearly an hour, waiting to find an available spot. You eventually see a family loading their car with their purchases, so you position yourself perfectly to drive into their parking spot when they back out.

    They take forever, and you're extremely frustrated by the whole process, but eventually the car begins to back out, and you're finally going to get parked. Unfortunately, they back out toward your car, blocking you from pulling directly into their spot. At the last moment, a group of teenagers in a small Mazda with music blaring out of every window comes whipping in from the opposite direction and steals your parking spot, just before you can pull in.

    You're really upset. You put your car in park and get out. You approach the teenagers' car, as they are laughing hysterically over stealing your parking spot. They all give you the finger as you approach the car, still laughing. Several of them insult you with profanity.

    You sweep your shirt back, revealing your Kimber 1911 in a belt slide holster on your hip. You never draw the gun from the holster, but you put your hand on the grip, and you lean into the driver's window and say, "That is my spot. You little punks get out of my spot before something bad happens."

    The teenagers pull out and leave the area, but they call the local police immediately. The mall surveilance cameras have caught it all on video.

    Have you committed a crime?

    (Oh, and anyone who has taken my Indiana Gun Law course is ineligible to respond!! ;))
     

    rambone

    Grandmaster
    Rating - 100%
    4   0   0
    Mar 3, 2009
    18,745
    83
    'Merica
    Regardless of you being armed, you just verbally threatened them. Bad idea. You should have shopped online, hothead.
     

    Fishersjohn48

    Grandmaster
    Rating - 100%
    18   0   0
    Feb 19, 2009
    5,812
    63
    Fishers
    The crime you have committed is going to the mall!!!!! Crime against manhood. And on the day after Thanksgiving? I refuse to call it "Black Friday"
     

    Sailor

    Master
    Rating - 100%
    19   0   0
    May 5, 2008
    3,716
    48
    Fort Wayne
    My test,

    Don't do stupid things,
    Hang with stupid people,
    or go to stupid places.

    Legally not sure, seems like a threat of violence with a firearm to m. Guilty of being stupid though 100%
     

    ATF Consumer

    Shooter
    Rating - 0%
    0   0   0
    Sep 23, 2008
    4,628
    36
    South Side Indy
    I'd say yes...should not have exposed the weapon and place hand on it. Not sure of any laws about it, but I' sure there is some sort of intimidation or threat involved.
     

    Indy_Guy_77

    Grandmaster
    Rating - 100%
    16   0   0
    Apr 30, 2008
    16,576
    48
    I believe that yes, you'd be guilty of intimidation / making threats against the persons.

    I do not know how having the firearm visible would exacerbate the issue. I suspect that being armed whilst in the commission of making threats would cause you more problems.

    That's my story and I'm sticking to it.

    -J-
     

    pudly

    Grandmaster
    Rating - 100%
    35   0   0
    Nov 12, 2008
    13,329
    83
    Undisclosed
    I can't answer?!? But this is an easy one! :crying:

    If you aren't sure about the answer here, this is exactly the reason why you should consider training in addition to gun purchases. Knowing when and how to use your gun is far more important than a large hardware collection without the training. Invest in yourself.
     

    possum_128

    Master
    Rating - 100%
    13   0   0
    Mar 21, 2008
    2,487
    84
    Martinsville area
    Yes you would be guilty of intimidation and making threats against the persons in the car. You do not make threats and use your gun in any fashion for the propose of intimidation. At the very least this person should lose their right to carry.
     

    GuyRelford

    Master
    Rating - 100%
    2   0   0
    Aug 30, 2009
    2,542
    63
    Zionsville
    :yesway:
    If you aren't sure about the answer here, this is exactly the reason why you should consider training in addition to gun purchases. Knowing when and how to use your gun is far more important than a large hardware collection without the training. Invest in yourself.
    Well said!!! :yesway:
     

    femurphy77

    Grandmaster
    Rating - 100%
    30   0   0
    Mar 5, 2009
    20,287
    113
    S.E. of disorder
    Guilty of caving to the wife!!!:laugh:

    I've heard that in a similar situation that a member of this board keyed a car from front bumper to back bumper so bad that it ground down the end of the key to the point that he had to use his back up key, then hung around to see the reaction of the punks to the new "racing stripe" on his fart-can mufflered ricer.:rockwoot: I've just heard this mind you, I would never condone such an action.:patriot:
     

    infidel

    Master
    Rating - 0%
    0   0   0
    Dec 15, 2008
    2,257
    38
    Crawfordsville
    Of course you broke the law.

    Is it really that different than a gangsta showin you his piece after demanding money?

    ETA: Does it matter if you carry one in the chamber?:D
     

    Bruenor

    Expert
    Rating - 0%
    0   0   0
    Oct 26, 2008
    1,051
    36
    Pendleton
    I'm just guessing, but you would probably be charged for brandishing a weapon.

    Of course, I do that every time I wear short sleeves. :rockwoot:
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    9   0   0
    Mar 9, 2008
    48,073
    113
    Lafayette, Indiana
    Is it really that different than a gangsta showin you his piece after demanding money?

    Well, the gangsta did a Robbery, this is allegedly Intimidation.

    Indiana does not have the crimes of Assault, Brandishing, or Making Threats.

    We do have Pointing a Firearm and that matters if it is "loaded" (within the statute), but that is not present here.
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,459
    149
    Napganistan
    Guess it kinda depends in what county this happens in. In Marion County, against the law or not, THIS particular scenario would not get filed by the prosecutors. Unless there is a domestic relationship or the gun was pointed, no charges. So for me, the question almost becomes irrelevant because if the prosecutor won't file, then it is as good as legal. This is the same county that refuses to file charges on ANYONE caught driving a stolen car. No point in even looking for them.
     
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