Pointing a Firearm at Another Person – Penalties under Indiana Law
If you point a gun at someone you could be charged with this Class D felony punishable by 6 months to 3 years in prison. If the weapon was unloaded, the charge is reduced to a Class A misdemeanor and carries a potential sentence of up to 1 year in jail and $5,000 in fines.
Ref:IC 35-47-4-3
So the OP discription does lead you to believe that he swept it past himself or other people so if you want I can jump on wiki and copy "brandshing" it's pointing waving or directing a weapon.
Different as pointed out. Seems to me you're flailing about in a desperate attempt to save face instead of simply stating that you misspoke about a specific brandishing law.Pointing a Firearm at Another Person – Penalties under Indiana Law
If you point a gun at someone you could be charged with this Class D felony punishable by 6 months to 3 years in prison. If the weapon was unloaded, the charge is reduced to a Class A misdemeanor and carries a potential sentence of up to 1 year in jail and $5,000 in fines.
Ref:IC 35-47-4-3
So the OP discription does lead you to believe that he swept it past himself or other people so if you want I can jump on wiki and copy "brandshing" it's pointing waving or directing a weapon.
Different as pointed out. Seems to me you're flailing about in a desperate attempt to save face instead of simply stating that you misspoke about a specific brandishing law.
And just for the record I don't think anyone has agreed that what the OP did was a good idea.
Are we done beating up on the poor OP yet?
He made a mistake.
He has been chastised.
I think we're done
Standard proceedure here.
Your lucky you didn't get charged with reckless endangerment or something, and have your license revoked. NEVER, ever unholster in public. If someone wants to see your gun then show a picture.
ok, you don't go to bars but you do go to pubs, what is the difference?
Pointing a Firearm at Another Person – Penalties under Indiana Law
If you point a gun at someone you could be charged with this Class D felony punishable by 6 months to 3 years in prison. If the weapon was unloaded, the charge is reduced to a Class A misdemeanor and carries a potential sentence of up to 1 year in jail and $5,000 in fines.
Ref:IC 35-47-4-3
So the OP description does lead you to believe that he swept it past himself or other people so if you want I can jump on wiki and copy "brandshing" it's pointing waving or directing a weapon.
The OP made a stupid mistake - the kind that gets people kill occasionally, but what he did wasn't necessarily illegal according to the law posted.
You also need to quote the IC correctly instead of paraphrasing as it does make a difference.Pointing a Firearm at Another Person – Penalties under Indiana Law
If you point a gun at someone you could be charged with this Class D felony punishable by 6 months to 3 years in prison. If the weapon was unloaded, the charge is reduced to a Class A misdemeanor and carries a potential sentence of up to 1 year in jail and $5,000 in fines.
Ref:IC 35-47-4-3
So the OP discription does lead you to believe that he swept it past himself or other people so if you want I can jump on wiki and copy "brandshing" it's pointing waving or directing a weapon.
(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.
You also need to quote the IC correctly instead of paraphrasing as it does make a difference.
None. They go to the video since he says "I THINK he pointed it at me." Gas stations have cameras for a reason.
FWIW, I just got out of Speedway and my gun never left the holster.
OOK, I give this a little nudge.......Now, the cop looks at the video and "HE THINKS I am guilty ALSO.
Now, does he ticket me, cuff and stuff.......or send me on my way.
(both guys think I did something wrong, PD and witness, AND you are pretty sure I am guilty as well as a witness)...........so let say a higher than 80% chance, maybe even 90% chance or higher I am wrong....
What's your choice, summons, cuffed, walk.
If the officer feels that you did something wrong, it will depend on what you did for him to decide. Some infractions they can give you a summons. Some infractions warrant backup being called and a jackboot to your neck. Either way, it's basically written what they will do, but there are a few instances where it is officer discretion.
If the officer thinks you pointed the firearm intentionally, I assume you don't carry an empty gun, you go downtown for a D felony and it becomes the prosecutor's decision whether to pursue charges. If he decides you should go for criminal recklessness, again you probably go downtown for criminal recklessness with a deadly weapon which is a D felony then the prosecutor decides. I don't believe anything else would apply to the particular scenario.
Wow. You really are going the long way to get around your initial comment about a so-called brandishing law which doesn't exist then you pull out another IC and try to mold it like clay to fit and then throw in a bunch of different scenarios.GOOD GRIEF
IF there was a call to the cops and if the cops chose to take this further it would be written UNDER THIS IC. because it fits here better than any other.
Let's turn this around, I go into a gas station, I get a slim jim and a slurpie (the blue ones). I have my gun in my pocket, it's pulling my sweat pants down, so I take it out of my pocket, I hold the slurpie and slim jim in my left hand, gun in my right, I go to the counter to pay, guy behind counter seems cool, but hits the button.......fast forward. Cops come, my gun is in my pocket now, but I did clearly have it out and grabbed it by the grip in manner to surprise the guy at the counter, he want something done, he tells the cops "I am not sure, but I think he pointed it at me".......COP says OK we will put it to him............WHAT IC do you think this will go under???