Not sure if this is one of those "beaten to death" topics but what if you mortally wound someone that pulls an airsoft on you because you thought it was real? I ask this strictly in the context of MA because I know what common sense and about 35 other states would say but unfortunately that does not apply to MA most of the time.
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Question from the BB gun thread
- Thread starter MXD
- Start date
Bullet Tooth Tony said:
I definitely don't think I'm as badassed as Bullet Tooth Tony. In the heat of the moment, with bad lighting, perp only flashing the gun, not holding it up so I can get a good look, etc. ... it's tough to say whether or not it'd really be practical to assume that you can tell a real from a fake in that kind of situation
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Where did that Bullet Tooth Tony post come from?... or where did it go?
About a year ago someone held up a bakery with a BB gun modeled after a Beretta 92FS. The cop was going to book him for armed robbery even though it was a BB gun. If the assailant commits a crime with what appears to be a lethal weapon then he will be charged with committing a crime with a lethal weapon. If you're not sure at that point in time, squeeze away. Better to find out later than sooner in this case.
MXD,
The question is, would a "reasonable person" in that situation have "reasonable cause to fear immiment grievous bodily harm and or death"
Unfortunately in that situation, you are most likely going to be hiring a lawyer to make that argument for you in court because most likely the DA is going to file charges and everyone judging you will have the benefit of hindsight.
In addition, you're also likely to find yourself defending yourself from a wrongful death lawsuit.
The question is, would a "reasonable person" in that situation have "reasonable cause to fear immiment grievous bodily harm and or death"
Unfortunately in that situation, you are most likely going to be hiring a lawyer to make that argument for you in court because most likely the DA is going to file charges and everyone judging you will have the benefit of hindsight.
In addition, you're also likely to find yourself defending yourself from a wrongful death lawsuit.
This addresses my question exactly. I guess I did not put my initial thoughts to words too well. What I was getting at was that no matter what I thought at the moment, how likely would I be to convince a DA/judge/jury here in MA that I believed my life was in danger?
To be totally honest, even if I saw an orange barrel pointed at my wife or children in an attempted robbery I doubt I would wait around to confirm that it was a fake.
What if you told a jury that you saw the orange muzzle and thought it might be a fake but he was yelling "I'm going to shoot....blah blah blah" (I don't recommend ever admitting that but I'm asking just to gauge what the DA might deam the line between self defense and murder). Are his words an aggravating circumstance? Is saying, "I saw the orange muzzle but I was not 100% sure it was fake and even if it was I still feared for my life" enough of a defense?
If that ever happened to me I know what I would do to protect my family, I'm just curious what the legal outcome would be.
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
I agree, my response is predetermined. I'm just curious if it would be good enough.
Something tells me that the answer "Might have been fake.....might have been real but it was definitely pointed at my family and their lives are not negotiable." would not fly in MA.
Orange paint means nothing to me.
If someone has something that looks like a weapon in their hands, and it is pointing at me, or I feel it is going to be pointed at me, I am going to go into defensive mode.
If the gang bangers can remove the paint to make their replicas look like the real thing then what is keeping someone from adding orange paint trying to fool someone.
If someone has something that looks like a weapon in their hands, and it is pointing at me, or I feel it is going to be pointed at me, I am going to go into defensive mode.
If the gang bangers can remove the paint to make their replicas look like the real thing then what is keeping someone from adding orange paint trying to fool someone.
No, I would not be concerned. What I meant to say was that my response to the situation is predetermined regardless of whether it would vindicate me in court. My family is worth the risk.
Someone posted that removing and orange-tip from a toy gun is a Federal crime (i'm not sure if it is owner or seller), but,
I think it is completely legal to decorate your real guns however and with whatever colors you'd like.
I see reading comprehension is not your strong suit
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
The discussion was never about what I would do on the spot, the discussion was about what the ramifications would be in this state.
I would not confuse what the police can charge you with if doing a robbery with a fake weapon, and the world of hurt you would go thru if you shot some kid with a painted black airsoft! If you somehow by the grace of God avoided the slammer, you would certainly be losing your house in a law suit. This IS Massachusetts after all. Remember, 2 1/2 years for shooting a dog that is attacking you...
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