What constitutes brandishment?
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ballistic
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What Constitutes Brandishment?
To Michael Courtney: could you provide us with the ORC sections on "menacing" and "aggravated menacing"? Thanks.
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TunnelRat
- Deceased
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- Location: Toledo
Yup, unfortunately, going before a jury can get very expensive....Michael Courtney wrote:
This is not a matter of law where one can make this universal assertion. Whether or not a particular shot is lethal force is a question of fact that the jury should make by weighing the circumstances of a particular case.
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
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Michael Courtney
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Fortunately, prosecutors have better things to do than present cases they have very little chance of winning. Once they realize you've got an expert witness lined up to testify to the effect "A firearm discharged at a 90 degree angle to a person presents no risk of death or bodily harm, in fact, almost all law enforcement firearm trainers do this all the time in training courses" the charges will most likely be dropped. Even if the charges are not dropped in a particular case, the forthcoming acquittal will be a deciding factor in not bringing charges on similar cases in the future.TunnelRat wrote:Yup, unfortunately, going before a jury can get very expensive....Michael Courtney wrote:
This is not a matter of law where one can make this universal assertion. Whether or not a particular shot is lethal force is a question of fact that the jury should make by weighing the circumstances of a particular case.
Anyone who is afraid of a what an LEO or prosecutor might do in response to a completely legal action is a slave to whetever liberal opinion prevails. Law abiding citizens need only be afraid of how a jury will view the facts and evidence in light of laws duly passed by the legislature.
Michael Courtney
Every day is 9/11 for unborn Americans.
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BB62
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- Location: Cincinnati, OH
Unfortunately, people are afraid of the legal bills (and rightfully so) more than the jury decision. In a perfect world, where the loser might pay, you are right, but that is not the world we live in.Michael Courtney wrote: ... Law abiding citizens need only be afraid of how a jury will view the facts and evidence in light of laws duly passed by the legislature.
Michael Courtney
BB62