Philly police take woman's gun

[Bill of Rights]

I keep it out of sight too if unholstered.

I wonder though if they could find something to charge with in a situation like this.

One time there was a late at night knock on the door. I was not expecting anyone. At the time I did not keep a round in the chamber and the person on the other side of the door heard me chamber a round. I answered the door with pistol out of sight. The guy was visibly shaken and the first words out of his mouth were "don't shoot, I'm just sellin magazines".

Now if he had called LE do you think they could have charged me with something?

Note: This happened in IN.

I don't think so, but I'm not a lawyer. If anything would apply, it would be intimidation, I think:

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:

(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:

(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
​

commits intimidation, a Class A misdemeanor.
​

(b) However, the offense is a:

(1) Class D felony if:

(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:

(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
(iv) is an employee of a school corporation;
(v) is a community policing volunteer;
(vi) is an employee of a court;
(vii) is an employee of a probation department; or
(viii) is an employee of a community corrections program.
​

(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
​

(2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
​

(c) "Threat" means an expression, by words or action, of an intention to:

(1) unlawfully injure the person threatened or another person, or damage property;
(2) unlawfully subject a person to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
(7) falsely harm the credit or business reputation of the person threatened; or
(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.
​

See Sec. 1 (c) (1). Racking the slide could possibly be construed as a threat with intent established in 1 (a) (2).

Castle doctrine might cover you, though. I'd ask a lawyer if it worried me.

Blessings,
Bill

 

[Praetorian13]

I just saw on the news where there is a new scam going on where 2-3 people will come to your house, and tell you that they will be doing work and need you to come and tell them where to go or something. And while you are out they will rob your house. So can't blame her for drawing her gun

 

[jboritzki]

Anyone that says she pointed a gun at them and then they continued to work in her yard is a liar and that should have been rather obvious to the officers. Maybe Philly is just full of really stupid cable workers and really stupid police officers?

 

[rjstew317]

sounds bogus. as a contractor, if i knocked on someones door to do some work and they pointed a gun at me, i wouldn't stick around to finish the job

 

[Dodgerdoob]

Philly is a notoriously liberal city isn't it? Even with all the great history that happened there, some people forget so quickly.