I wonder if the cops would have been called if she had flashed a baseball bat? Frankly, I think it was an overreaction, even though I’m not the type of guy that flashes his guns.
A Missoula woman has been arrested after authorities said she brandished a gun at her downstairs neighbors, who were celebrating their twins’ birthday by playing video games.
The Missoulian reports ( http://bit.ly/1eog3gy) Debra Kay Knox appeared in court Monday on three counts of assault with a weapon.
Deputy County Attorney Jessica Finley said in an affidavit that police responded to a report of a woman in a nightgown knocking on a neighbor’s door with a gun.
The family inside, including three children, was playing a video game that involves jumping around.
A woman at the residence said the 55-year-old Knox said she worked for the FBI.
The affidavit says Knox told officers she went to quiet her neighbors and used the gun to get their attention.
She is being held on $10,000 bail.
Source: http://helenair.com/news/state-and-regional/woman-accused-of-flashing-gun-at-noisy-neighbors/article_c72e8b2d-de62-5ca6-8f99-19ea7a30c2d2.html?comment_form=true
So when can you threaten someone with a gun? I’m no lawyer, but I found this which applies to Texas:
Under Texas Penal Code Chapter 9 you can only threaten force when the use of force is justifiable. But by showing the weapon you threatened to use deadly force, but by law you did not use deadly force.
Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor’s purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
Source: http://answers.yahoo.com/question/index?qid=20111118215305AARyvWq
In other words, if your neighbors are driving you crazy, flashing your gun is not the thing to do.
