Brandishing, not hypothetically.....

This has a lot of parallels to the guy who flashed his holstered gun to another driver during some road rage thing a year or so ago. Anyone know how that one turned out?


I think he's actually talking about this guy...http://www.northeastshooters.com/vb...ith-brandishing-gun-in-Milton-road-rage-case?

And here's another similar case...http://www.northeastshooters.com/vbulletin/showthread.php/78062-Man-pulls-gun-after-highway-dispute?
 
Stories like this make me cringe. It gives the anti-gun crowd leverage by providing an example of a private citizen in lawful possession of a firearm exercising very poor judgment. It makes the gun owners look paranoid, nutty, and dangerous. Hard to believe this is an officer of the court.

Sure, given what was reported. Bear in mind that's all we know. Still, being a paranoid woman with poor judgment shouldn't be against the law. If there were no direct threats, charges concern me.
 
Stories like this make me cringe. It gives the anti-gun crowd leverage by providing an example of a private citizen in lawful possession of a firearm exercising very poor judgment. It makes the gun owners look paranoid, nutty, and dangerous.
Agree completely.
Hard to believe this is an officer of the court.
Unfortunately, given the way the jobs in the courts are given to relatives of lawmakers who need a no-heavy-lifting job, it's not so hard for me to believe.
 
Stories like this make me cringe. It gives the anti-gun crowd leverage by providing an example of a private citizen in lawful possession of a firearm exercising very poor judgment. It makes the gun owners look paranoid, nutty, and dangerous. Hard to believe this is an officer of the court.

I couldn't agree more.
 
Here is a perfect example of why so many gun haters say that gun owners are paranoid and dangerous. She should be relieved of her firearm.
 
No offense intended, but if some of you ever lived in a free state you would be constantly peeing yourselves.
 
No offense intended, but if some of you ever lived in a free state you would be constantly peeing yourselves.



Exactly, in other states this wouldn't even be thought of as an abnormal action.

Why do you all think she should be relieved of her 2A rights for something that is normal almost everywhere else?
 
Its brandishing - which is illegal. I dont really see what the debate is?
 
Do you have a Ma. criminal cite for "brandishing"?............. waiting..............waiting...............waiting

... and how often is this mentioned, and about the only thing people come up with is one guy who got in trouble (STUPIDLY!) while getting a pizza, and his windbreaker blew up?

That is one, folks, out of how many people over how many years?
 
she does work in a court house, if she deals with domestic issues those do tend to be where people do the bad stuff when they finally get fed up with the system. I know plenty of judges, attorneys who wouldn't hesitate to do exactly what she did...although I know one judge who prefers to sneak up on the car with a baseball bat-he's not a gun guy. If there were any recent threats, and thats big IF, it totally changes the perception.


She may also just be batsh** crazy...I'm sure if I moved to Mass for an extended period of time I would be too.
 
Having a gun In your hand while confronting someone about your lawn is not normal behavior in any "free state" or even the Old West for that matter. It is an absurd display of lethal force readiness. I bet 90% of the people on this board are skilled enough to draw their firearm quickly from a holster when a real lethal situation arises.

OK, so take someone who only owns long guns, or, owns a handgun but no holster, or simply doesn't want to take the time to strap on equipment when something fishy is going on outside. What is so special about a holstered gun?

I have a farm in a free state where the nearest cop is probably 20 or 30 miles away, at best. And if something looks odd outside, I'm not going to hide in my closet until things get worse. And I might go out with my gun, without waiting around to play "who can draw first". Now I know this happened in an urban/suburban area, and as I said in a prior post, I would never do what this woman did where she did it. But to claim generally that facing a potential threat, or even suspicious behavior, with gun in hand on your property is somehow self-evidently excessive is taking it too far. She may be (and probably is) a complete fool. But, just like that LEO who pulled a gun in a snowball fight a while back, nobody was hurt, she may have had a legitimate concern for her safety, and while we might (and I do) find fault with her behavior as it has been reported, it should not rise to the level of being illegal.
 
Having a gun In your hand while confronting someone about your lawn is not normal behavior in any "free state" or even the Old West for that matter. It is an absurd display of lethal force readiness. I bet 90% of the people on this board are skilled enough to draw their firearm quickly from a holster when a real lethal situation arises.

I agree. There was never any thread that justified her drawing her weapon. Basically she was pissed someone was paring on the edge of the grass infront of her house. Keep in mind the city owns that property (usually they own a certain distance from the center of the street out which will run into your front yard). The reason I see that they stripped her license was suitability and the fact she could not differentiate between a some guy waiting for his daughter and a direct threat against her safety. No license and thus no gun.
 
I agree. There was never any thread that justified her drawing her weapon.

I am confused by this focus on "drawing her weapon". What if she only owned a shotgun and took it outside with the muzzle pointed up? And if that would be a problem, are people here just saying that the act of stepping outside with a gun in hand is always questionable? Or are they saying it's questionable in these circumstances? For Mass residents, this is probably good advice: hide in your house, never face a threat outside, let the threat come to you, and hope help comes first. On the other hand, if there is some difference between stepping outside with a handgun pointed in a safe direction and a long gun similarly handled I would like to hear it.
 
I am confused by this focus on "drawing her weapon". What if she only owned a shotgun and took it outside with the muzzle pointed up? And if that would be a problem, are people here just saying that the act of stepping outside with a gun in hand is always questionable? Or are they saying it's questionable in these circumstances? For Mass residents, this is probably good advice: hide in your house, never face a threat outside, let the threat come to you, and hope help comes first. On the other hand, if there is some difference between stepping outside with a handgun pointed in a safe direction and a long gun similarly handled I would like to hear it.

Lets say it was a bat or a knife or her mean ass dog. Either way she came out and essentially "threatened" the guy to move his car because she was sick of people parking on her lawn. Because it was a gun she pulled then she had to deal with the laws pertaining to such actions.
 
Lets say it was a bat or a knife or her mean ass dog. Either way she came out and essentially "threatened" the guy to move his car because she was sick of people parking on her lawn. Because it was a gun she pulled then she had to deal with the laws pertaining to such actions.
I don't think the response would have been much different if she'd come out on her porch with a baseball bat or knife in her hand.
 
I don't think the response would have been much different if she'd come out on her porch with a baseball bat or knife in her hand.

I think you are right, which is why I think the whole drawn-gun issue is beside the point. I would guess a visible holstered gun (accompanied by some crazy yelling) would have provoked a similar response as well.
 
[...] I think the proper way to handle this type of situation if there really was a potential threat and you had to walk out of the house would be to hold the gun close to your leg pointed at the ground or behind your leg or in your belt behind your hip (if you didn't have a holster).

Yep... this makes a very good case for a pocket pistol... hand in pocket, wrapped around the grips... if threatened, the perp has no idea that you're ready...
 
Exactly, in other states this wouldn't even be thought of as an abnormal action.

Why do you all think she should be relieved of her 2A rights for something that is normal almost everywhere else?
I live in crime ridden Manchester, NH. and I would hardly consider it perfectly normal to walk out onto my front porch brandishing a pistol because someone just happened to be parked in front of my house. Are you plugged in?
 
It's hard to comment on this one. On one hand, she doesn't seem like she was ever a danger to anyone, but on the other, she's gotta be a couple cards short of a full deck to just flaunt a (possibly loaded) firearm around like that. [thinking]
She's definitely a couple cards short and does that not make her a danger not only to the poor unsuspecting citizens involved but to OUR second amendment rights also? THIS WOMAN IS A PARANOID SCREWBALL!!!!
 
Here is a perfect example of why so many gun haters say that gun owners are paranoid and dangerous. She should be relieved of her firearm.

Brilliant. So if tomorrow you do something with your gun that your local police chief doesn't like, you won't complain when they show up to take away all of yours? Who needs trials or due process? [thinking]

Why do you all think she should be relieved of her 2A rights for something that is normal almost everywhere else?

I don't. I think she's an idiot for greeting the cops in her home with a drawn pistol. I think her going out to the car with a pistol in her hand is questionable and probably stupid based on the facts that we have, but it doesn't bother me that much. I wouldn't have done it, but that's just me.

... and how often is this mentioned, and about the only thing people come up with is one guy who got in trouble (STUPIDLY!) while getting a pizza, and his windbreaker blew up?

That is one, folks, out of how many people over how many years?

Just so people who don't know are clear, the guy involved in that case wasn't charged with anything, they simply revoked his LTC for "suitability" reasons. Below is a link to the thread on it.

Dedham- Misuse of Authority

She may be (and probably is) a complete fool. But, just like that LEO who pulled a gun in a snowball fight a while back, nobody was hurt, she may have had a legitimate concern for her safety, and while we might (and I do) find fault with her behavior as it has been reported, it should not rise to the level of being illegal.

I agree with this 100%.

I am confused by this focus on "drawing her weapon".

Waving her pistol in the air was a pretty stupid thing to do over a parking issue in my opinion, but in reality she didn't really do much there. However, I'm surprised she didn't get a Darwin Award for greeting the cops with a pistol in her hand, when her husband invited them into their home to investigate an incident with a gun.

Whether morally or legally correct, doing something like this in Massachusetts has "take my LTC" written all over it.

RE this lady loosing her rights. I don't have a problem with it. If she is that stupid, its only a matter of time before she actually shoots somebody who did not need shooting and gives us all a bad name/more fuel for the antis. She clearly abused her right to carry a firearm and only confirmed it by yelling to the cops that she had a gun, causing them to draw. It would only be a matter of time before she got herself or somebody else killed acting like that.

Funny thing about rights is they can be abused all they want...they're yours, as a human. Her legal firearm privileges in Massachusetts have been revoked, but if she's as nutty and paranoid as you claim, she can break a few laws and have another gun in her hands faster than you can fill out a 4473. Taking her guns solves nothing.

What she did was foolish (assuming the papers got the story right), but encouraging CLEO's to take away people's guns because someone's feelings got hurt is plain wrong.

These types of things always remind me of the situation that was handled perfectly by Andrew Patti in a situation where he was probably 30+ miles from any cop knowing that area myself. There is no cell service to this day and they cut the phone lines. Ayoob says how smart he was to remain inside and I tend to agree with him here.
http://findarticles.com/p/articles/mi_m0BTT/is_169_28/ai_114475580/

From that link

Andrew Patti thinks fast. If he rushes for the phone, this man might try to kick in the door. Andy could get hurt. At best he might have to kill a man in front of his son. He needs to buy time. He says, 'TII tell you what I'll do. I'll call Ward's Garage for you." The man on the other side agrees.

Andy is across the room, away from the window and the door, where his dad has gestured for him to go when the hammering began at the door. Now Andrew closes the blind and gestures to his son to follow him as he quickly goes to the phone, not to call the garage, but to call the police.

It doesn't work. The line is dead. Father and son sprint upstairs, but it's the same story with the phone in the master bedroom.

The youth asks, "What's wrong, Dad'?" The armed citizen replies, "'They've cut the wires."

Andrew Patti and his son stayed up a very long time that night, unable to call for assistance. Andrew was too smart to go outside and risk ambush or leave his son alone. When he finally slept, it was with his Glock resting on his chest.

I can't imagine the sick feeling that must have rushed through Mr. Patti when he realized that he was completely stranded like that.

I think the proper way to handle this type of situation if there really was a potential threat and you had to walk out of the house would be to hold the gun close to your leg pointed at the ground or behind your leg or in your belt behind your hip (if you didn't have a holster).

Yup. You still have the advantage of surprise, and if it turns out to be a father waiting to pick up his daughter from school, nobody shows up to take your LTC.

I live in crime ridden Manchester, NH. and I would hardly consider it perfectly normal to walk out onto my front porch brandishing a pistol because someone just happened to be parked in front of my house.

Neither would I, we're in agreement here.

She's definitely a couple cards short and does that not make her a danger not only to the poor unsuspecting citizens involved but to OUR second amendment rights also? THIS WOMAN IS A PARANOID SCREWBALL!!!!

We'll have to disagree here. Our founding fathers paid far too high a price for you, me and some politically appointed police chief to get to decide who has legal access to rights and who doesn't. I may disagree with her decisions, and I'd tell her that to her face if I ran into her in public, but I will not ever support her rights being violated by anyone.

You seem like you're a bit of a hothead using all those CAPITAL LETTERS. I think your police chief should revoke your permit to not be forced to house soldiers in your home based on suitability. While he's at it, he should revoke your due process permit and your free speech permit, or at least restrict your free speech permit so you can only use it in your home and place of business.

You're upsetting people, and abusing your free speech rights. Thank God for that "suitability" clause in the 1A, otherwise we'd have no legal means to shut you up.

It's a real b*tch when the tables get turned on you, isn't it?
 
Would you walk outside your home with a pistol raised in the air to confront someone who was merely sitting in front of your home in a vehicle?
 
I don't want to thread hijack, but does anyone have link that telling what originally happened to get Linda Hamilton charged?
 
I don't want to thread hijack, but does anyone have link that telling what originally happened to get Linda Hamilton charged?


I had to dig in there to find it, so here's the text and the link directly to her description of the events.

http://billstclair.com/LindaHamilton/billofindictment.html

On March 1, 2000, just a little before noon I was leaving my job at North Adams hospital to go home. I drove down Eagle St. and when I got to the light where Union St. (Rt. 2) is it was green and I took a left onto Union St. I did notice that when I came to the light on my right at a red light was a white 18 wheel truck. He was stopped at the red light.

I proceeded to drive eastbound. The speed limit on that part of Rt. 2 is 30 mph. When I looked in my rear view mirror and saw the truck coming through the intersection very fast. My first thought was that he was somehow distracted and didn't see me in front of him. He continued to drive fast so I sped up a bit and just before he got to my bumper, he pulled out into the left hand lane. And I thought well good, he's going to pass me. He's just one of those aggressive truck drivers. But he didn't pass me, he pulled half way up my vehicle. I couldn't see him, but I could hear him So I slowed down hoping he would pass me. He repeated this action at least two more times.

At this point I started to get frightened and I thought possibly he was driving under the influence. I was going to pull off the road, but the place where I was right then were abandoned mills and there were no people around. I was afraid he might pull in after me. At this point I was really getting fearful for my life.

At this point, I thought that I might be able to get away. I knew there were houses coming up and I was planning on trying to pull into one of the driveways where he couldn't follow me and run behind the houses towards Cumberland Farms to use the phone. I have a license to carry a concealed firearm and carry a Charter Arms .38 in my purse. Knowing it is illegal to leave the gun in the car unattended and not wanting to be hampered by carrying my purse, I removed the gun in its' holster and put it in my right hand. I put my right hand back on the steering wheel preparing to turn. At this point he backed off so I just sped and pulled into Cumberland Farms. I then reported what happened to Sgt. Robert O'Hare at the Shelburne Falls Barracks because I knew the trucker would be driving right past the barracks on Rt. 2.

Mr. Harkins told the police in his statement that I had waved a gun at him. He also said he did not want to file a complaint. On January 29, 2001 at trial he changed his testimony to say I pointed a gun at him.

At a probable cause hearing on September 29, 2000 charges of driving to endanger were filed against Mr. Harkins by Judge Michael Ripps . In his testimony Mr. Harkins stated that it was my responsibility to get out of his way. Mr. Harkins was never prosecuted due to the fact that ADA Kelly Mulcahy offered to not prosecute Mr. Harkins in exchange for perjured testimony at the trial of Linda Hamilton on January 29, 2004. Mr. Harkins and his attorney, Mr. Cairns were seen meeting in collusion with ADA Ms. Mulcahy on the morning of January 29, 2001.

Source of Information- QT Investigation, Pittsfield Ma. (Nancy Clemo)

Mr. Harkins has several aliases and social security numbers.
James Dorotharkins, James M Price Jr., James M. Harkins and James Price.
SSI 020-32-0318 and 018582067.

Mr. Harkins listed his address as South Boston which is just a mail drop. He actually lives in Wilmington, Ma.

Another source, a Boston attorney told us he had outstanding arrest warrents.

Ms. Mulchay the ADA and District Attorney Gerard Downing knew this and did nothing.

I believe Lt. Butler Mass. State Police and FBI agent Joseph Tamarkin knows who Mr. Harkins is and are protecting him.

I attest this affidavit to be true to the best of my knowledge. Signed under penalty of perjury.

Linda Hamilton
9 Wilde Rd.
Shelburne, Ma.
(413) 625-9687
 
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