St. Cloud Brandisher in the Klink

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Re: St. Cloud Brandisher in the Klink

Postby justaguy on Wed Feb 17, 2010 11:12 am

Who was this guys instructor?
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Re: St. Cloud Brandisher in the Klink

Postby mnglocker on Wed Feb 17, 2010 11:14 am

There is no such thing as "Brandishing" in MN law.

Quick, everyone put that in your pipe and smoke it. Don't give the left any ideas on laws to add/write.



However, we do have terroistic threats, and 5th degree assault.
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Re: St. Cloud Brandisher in the Klink

Postby Bessy on Wed Feb 17, 2010 11:38 am

mnglocker wrote:There is no such thing as "Brandishing" in MN law.

Quick, everyone put that in your pipe and smoke it. Don't give the left any ideas on laws to add/write.



However, we do have terroistic threats, and 5th degree assault.


I should have specified this more clearly... you are correct, I was using the term to brandish to represent pulling out your gun and waving it around, not to describe what they would charge you with if you get it wrong. It is considered a use of force. That's what I was getting at. They are going to charge you with assault, what degree is highly dependent on what your gun is pointed at. They can always throw in "terroistic threats", as for what that constitutes, you might want to talk to a lawyer because they seem to pull that sucker out at random.
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Re: St. Cloud Brandisher in the Klink

Postby justaguy on Wed Feb 17, 2010 11:41 am

Bessy wrote:I should have specified this more clearly... you are correct, I was using the term to brandish to represent pulling out your gun and waving it around, not to describe what they would charge you with if you get it wrong. It is considered a use of force. That's what I was getting at. They are going to charge you with assault, what degree is highly dependent on what your gun is pointed at. They can always throw in "terroistic threats".

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Re: St. Cloud Brandisher in the Klink

Postby DeanC on Wed Feb 17, 2010 1:36 pm

justaguy wrote:Who was this guys instructor?

I'd be interested in that too. He did have a permit. I guess he wasn't up to the responsibility.


Updated StarTrib Story wrote:The suspect did have a permit to carry his weapon in public, said police Sgt. Martin Sayre.

Officers pulled over and arrested the suspect. A loaded gun was found in the vehicle as well as his weapon permit.
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Re: St. Cloud Brandisher in the Klink

Postby John T on Wed Feb 17, 2010 1:52 pm

ain't worth my time
Last edited by John T on Wed Feb 17, 2010 9:53 pm, edited 1 time in total.
curiosity killed the cat, but I was "a person of interest" for the first 2 weeks.
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Re: St. Cloud Brandisher in the Klink

Postby DeanC on Wed Feb 17, 2010 1:53 pm

John T wrote:I seriously doubt he had a permit! We'll have to wait before we speculate.

I'm not familiar with St. Cloud, is police Sgt. Martin Sayre an habitual public liar?
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Re: St. Cloud Brandisher in the Klink

Postby chunkstyle on Wed Feb 17, 2010 1:56 pm

Sometimes permit status is incorrectly reported. It's often the case that the "permit" turns out to be a P2P,not a P2C.
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Re: St. Cloud Brandisher in the Klink

Postby John T on Wed Feb 17, 2010 2:27 pm

Right, What permit was it,,besides the report is from the trib, no Liberals there,,?
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Re: St. Cloud Brandisher in the Klink

Postby thunderoussilence on Wed Feb 17, 2010 4:04 pm

I am under the assumption if someone sees my weapon,they call the cops that it could be interpeted as Terroristic threats ?
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Re: St. Cloud Brandisher in the Klink

Postby macphisto on Wed Feb 17, 2010 4:09 pm

thunderoussilence wrote:I am under the assumption if someone sees my weapon,they call the cops that it could be interpeted as Terroristic threats ?

People interpret things the wrong way all the time, but there's a big difference between someone seeing your weapon and you showing them your weapon.
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Re: St. Cloud Brandisher in the Klink

Postby 1911fan on Wed Feb 17, 2010 4:10 pm

The only acceptable use of a "brandished" firearm, (which I do not think legally exists here, but I digress) is to stop or prevent a crime in progress, or which in all likely hood will happen without your intervention.

I am not one of the "If I pull it I am going to shoot it" crowd, but I am darn close to that. I have to feel that unless I intervene by drawing, a violent felony will occur with no other form of resolution readily apparent.
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Re: St. Cloud Brandisher in the Klink

Postby Bessy on Wed Feb 17, 2010 4:23 pm

macphisto wrote:People interpret things the wrong way all the time, but there's a big difference between someone seeing your weapon and you showing them your weapon.


Bingo... we have a winner.
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Re: St. Cloud Brandisher in the Klink

Postby EJSG19 on Wed Feb 17, 2010 4:43 pm

thunderoussilence wrote:I am under the assumption if someone sees my weapon,they call the cops that it could be interpeted as Terroristic threats ?


Terroristic threats as said before is being used pretty often as an umbrella charge. Conceivably yes, your scenario could happen. But you telling someone "Eff You" could too.

Sounds like road rager made the cutoff, got lights flashed (road rager reads as escalation) then road rager stupidly tries to win peeing contest by flashing a weapon.

Depending how you spin it, neither party is to be held blameless. But the gun flasher is obviously the most out of line. Like in grade school, the one who takes it the furthest is usually the one that gets punished.
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Re: St. Cloud Brandisher in the Klink

Postby Squib Joe on Wed Feb 17, 2010 4:44 pm

justaguy wrote:Who was this guys instructor?


And his BeamHit instructor?
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