Is it legal for civilians to pull (point) guns on each other? This answer from a guy who often has to visit private properties in the rural US has made me wonder what, if any, offence a regular civilian (not a policeman etc.) commits by pulling (that is pointing) a gun on someone they see for the first time and who does not appear to have any weapons and does not appear threatening to a reasonable person. To begin with, let's assume that the gun holder: Stands on his own backyard or driveway (i.e. not inside his house); the target stands there too; and Does not say anything when pulling the gun, or simply demands the target person to leave. Variations: The gun holder verbally threatens to injure or kill; Target is on a public road; Both the gun holder and target are on a public road. If the answer varies from state to state please focus on Tennessee and North Carolina, but it would be also interesting to hear of any edge cases.
Depending on the state, menacing may be a separate offense from assault. For example, here is New York State's law on menacing (New York Consolidated Laws, Penal Law - PEN §120.13–16): §120.13: A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer or peace officer within the preceding ten years. Menacing in the first degree is a class E felony. §120.14: A person is guilty of menacing in the second degree when: 1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or 3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law , or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued. Menacing in the second degree is a class A misdemeanor. §120.15: A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury. Menacing in the third degree is a class B misdemeanor. However, not all states define menacing separately from assault, and the exact definition varies by state.
It looks like this is covered by article 34 of the criminal code you linked: ARTICULO 34. - No son punibles: [...] El que obrare en defensa propia o de sus derechos, siempre que concurrieren las siguientes circunstancias: a) Agresión ilegítima; b) Necesidad racional del medio empleado para impedirla o repelerla; c) Falta de provocación suficiente por parte del que se defiende. Se entenderá que concurren estas circunstancias respecto de aquel que durante la noche rechazare el escalamiento o fractura de los cercados, paredes o entradas de su casa, o departamento habitado o de sus dependencias, cualquiera que sea el daño ocasionado al agresor. Igualmente respecto de aquel que encontrare a un extraño dentro de su hogar, siempre que haya resistencia; English (my translation, no guarantees): ARTICLE 34 - Not punished are: [...] Someone who acts in self-defense or in defense of their rights, as long as the following circumstances apply: a) illegitimate aggression b) a rational need for the means used for preventing or repelling the aggression c) a lack of sufficient provocation on the part of the defender It is understood that these circumstances apply with respect to someone who during the night defends from a housebreaking or a breach of the enclosure, the walls or entrances to their home, or the home of their dependents, no matter what damage is caused to the attacker. Reading these rules, which look quite similar to the law in most other countries, I'd say shooting an armed intruder would be covered. It would probably already be covered under the general rules ( a) to c) ): There is an illegitimate aggression, and shooting is necessary for stopping the agressor, because no milder means is practical in the situation. Additionally, the last paragraph would apply, which provides additional protection to someone defending their home, so even if a judge decided that normally shooting someone attacking with a knife is not necessary for protection, it would still be ok for home defence.
Are minors allowed to possess handguns in Oregon? Yes, with exceptions, although they may not purchase or own handguns, and are not permitted to conceal carry handguns. Oregon Revised Statutes § 166.470 prohibits any person from intentionally selling, delivering, or otherwise transferring a handgun to anyone under 21 years of age, ORS § 166.470(1)(a), except the temporary transfer of any firearm to a minor for hunting, target practice, or any other lawful purpose. ORS § 166.470(3)(b). The other primary statute that is relevant is Oregon Revised Statutes § 166.250 which also provides that minors may possess any firearm temporarily for hunting, target practice, or any other lawful purpose. ORS § 166.250(2)(a)(B). But, despite this general rule, a minor may not possess a firearm if they are under 18 years of age, and while a minor, committed the equivalent of an adult felony or a misdemeanor involving violence, within four years of being charged with possession. ORS § 166.250(1)(c). (Source).
Is it illegal to open carry Hinged Handcuffs? england-and-wales No, but there use may constitute an assault or false imprisonment if one cannot justify their application was reasonable, proportionate and necessary in the circumstances. A civilian can lawfully use reasonable force if the conditions of s.3 of the Criminal Law Act 1977 are met: (1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
Knife laws in the United States are notoriously ambiguous, often vary at the municipality level, and enforcement can best be described as capricious. I can't put it better than this eye-opening answer I found on Quora: Don't ask anybody what the law is about knives. Not even the police. There's so much misinformation floating around out there. ... Check the law yourself. Not just state law, but local law for any county or city you stop in or pass through. I was tasked with writing a weapons policy for my security department, my former employer. I checked the Code of Maryland Regulations and found a mess. Knives are considered tools, not weapons, unless and until one uses or intends to use a knife as a weapon; knives are legal regardless of blade length; folding knives may be carried concealed, but fixed knives must be carried open; switchblades and balisongs are not OK, but no mention of gravity knives, locking mechanisms, or assisted-open mechanisms. I carried my S&amp;W assisted-open knife everywhere, including into Baltimore City several times. Then Freddie Gray was arrested for carrying one and died in custody. A whole lot of people thought the arresting officer had made an unlawful arrest, based on the state law, including the Baltimore City prosecutor … until someone bothered to check the city law and found that assisted-open knives are illegal in Baltimore City. The arrest was a good one. And I left my knife in my car from then on whenever I went into that town. (I have on occasion asked police about knife laws. In every case the officer has declined to answer whether a particular knife or carry practice was legal.)
Is it true that a teacher can't engage/attack a shooter from behind during a school shooting that is in progress? No. Any use of force of any kind that only harms or kills the shooter who is actively engaged in a school shooting (and indeed, even if it caused bodily injury that isn't grave or deadly to someone else who is innocent) is always justified. You can't shoot someone who is not an ongoing threat to others if they flee, in order to arrest or punish them (e.g. an unarmed shoplifter), but under the leading constitutional case, Tennessee v. Garner, this limitation doesn't apply to murderers and mass shooters anyway, at least if they continue to pose a future threat.
In South Carolina for example the law says A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer: (1) identifies himself as a law enforcement officer; and (2) requests identification or a driver’s license from a permit holder. In Washington, on the other hand, the law simply requires a permit (or the gun must be locked in the trunk), and you have no obilgation to volunteer such information. Some states allow local options, e.g. NY generally has no duty to inform law but apparently Buffalo, Rochester and NYC do. It's pretty complex, because there is variation in exactly what laws say depending on whether the gun is loaded, or whether it is concealed, or in the trunk.
I feel that a person, not the subject of arrest, should be protected by the 4th amendment if they choose to remain in their vehicle, even if “ordered” to exit the vehicle by an officer. The intuition is fine, but is basically incorrect. I’m most interested to know: How would a driver (1) Politely (2) determine if a given instruction to exit the vehicle must be complied with, and (3) decline the instruction without giving the officer “cause” or otherwise damaging a potential case? From a practical perspective the only workable response is to comply. There are times when this is done without a reasonable suspicion (or in some cases probable cause) or other legal basis, but it is pretty much impossible for you to dispute this one the spot. Most of the time, the officer will have the legal authority to order you to leave the vehicle. If they order you to exit the vehicle despite not having the legal authority to do so, the right course of action is to comply and then to file a complaint with the agency employing the officer or to bring a civil lawsuit against the officer. There are good answers to a basically duplicate question at How can you tell if you have to follow a police officer&#39;s instructions?