this post was submitted on 23 Sep 2023
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US gun owner here:
It 100% warrants a call to the police.
Sounds like assault with a deadly weapon, and if he took it out to show, then it's brandishing. It doesn't matter if it was non-firming because the target didn't know that, and typically these laws are written to be what "a reasonable person would believe".
Also, at the time this happened he was a known user of Marijuana and thus not eligible to own a firearm, as that rule had not yet been struck down.
Thanks for the explanation! It sounds fairly similar to the law here, where it's based on what a reasonable person would believe - so even waving a realistic toy gun at someone would get someone in trouble, if the person being threatened with it would reasonably believe it was real.
https://www.cronisraelsandstark.com/assault-with-deadly-weapon-penal-code-245-a-1#:~:text=Assault%20with%20a%20Deadly%20Weapon%20%2D%20Penal%20Code%20245(a)(,four%20years%20in%20State%20prison.
If this was in California he is absolutely guilty of assault with a deadly weapon based on what he has admitted to personally.
Don't believe the marijuana + gun = federal crime has been struck down
In the 10th and 5th circuit it is iirc.
It's still on the forms and the ATF can probably arrest you for it, but as of last month you would have 2 federal circuits of precedent.
https://www.forbes.com/sites/dariosabaghi/2023/08/10/drug-user-cant-be-barred-from-owing-firearms-us-court-rules/
Yep. I like guns. I like old guns. I wouldn't show up to someone's job telling them to include me in their project unless I was invited.