Sort-of got a gun pulled on me- legal help please

[mjbskwim]

Nickp
I have decided not to file based on:
a) the time gap
b) the individual

I called and was told in filing that my name/address would be public knowledge and known to this individual. While the idea of getting this guy is good- someone like this doesn't really need to be knowing my address.

Well then you should have gave them the plate # and a description and told them
"Do what you want,a guy is out here making threats with a gun.I did my job"
Or made an anonymous call to 911

Seems you could have not filed but just told them what happened.

Heck we may read about this idiot getting shot,before the end of the holidays.

 

[keystir]

I stand behind what I said and at least on my part, accurate reporting of the situation. I'd really rather not have this guy knowing where I live, and more importantly, where my SO and pets live.

Sometimes in life you have to make decisions that aren't the most satisfying but are safe.

Sounds like you just came on here to get someone to justify your actions rather than looking for any actual help.

 

[python287]

I was in a public place (I'll keep the details non-specific as to location of individual here) when an individual got ticked off from traffic (not from me as I was parked), started yelling obscenities, and then pulled next to me. My passenger, unaware of the previous altercation, thought the individual was yelling at them. Asked them to stop freaking out (this person was parked next to us yelling loudly). I get out to check clearance for a medical issue (person parked very close to our vehicle and we require a certain clearance awarded via disabled parking spots) and individual started yelling at me. I tell him he really needs to calm down to which he replies that he is going to blow my bubbleguming head off. I say again, you need to calm down.

To cut to the chase individual opens their door, picks up concealed pistol case from inside of door, and states that if I want they can "lay me down". I say it's illegal to threaten someone with a gun. They again utter that phrase and tell me to "shut the %$$$ up" and that they have another gun on them.

I ask if they were a CCW permit holder, they said yes.

I have the license plate number, incident report with the place it occurred at, a witness, and can identify the individual. What are the legal ramifications of threatening someone, especially someone a) unarmed b) not posing a threat and c) in a public area, with a concealed weapon? I was under the impression that you couldn't allude to the concealed weapon unless your life was in immediate danger (or even allude to it at all until it's pulled out?).

I'm contemplating filing a police report because this use of a concealed weapon seriously appalls me. I in no way provoked the individual nor did I do any gesture that could be construed as threatening.

I know I'm new here, which is why it's a coincidence that as I'm researching CCW laws in WA state this happens to me. Thanks guys for the help!

First of all - it is a crime called menacing - the CHL was not justified in doing what he did. Call the police - they can pull his CHL permit - and then have it revoked. Idiots like that guy do not deserve the privilege of having a CHL.

 

[Riot]

Assault is putting someone in fear of immediate offensive touching. It's battery if they actually touch you. I'd say "laying you down" would be offensive touching. Were you in fear?

True, but we're in an entire different ball game when a weapon is included.

It's called "Assault w/ a Deadly Weapon". Even if the guy didn't even have a gun, the perception was there.

Sounds like you just came on here to get someone to justify your actions rather than looking for any actual help.

For once, I think you and I agree on something.

Everyone is screaming CALL THE COPS! My thing is this- if he didn't want a confrontation, why even get involved? Why not just walk away? If he was helping someone, why not go all the way and actually do more than just stand there and get threatened with a gun?

Why? Probably because there is more to this story...like he cut him off in traffic or took his intended parking spot. On comes an arguement, names are called...two against one, man says "try me, I have a gun", OP and his friend back down- other guy then leaves scene.

Sounds more probable to me...there are always two sides to every story.

 

[addiction]

three things to make a person a real threat

-intent
-ability
-opportunity

seems like opportunity was clearly met, he was right there in front of you, intent was met he expressed the threat, ability, maybe not, saying I have a gun does not meet the ability criteria, a gun must be clearly there or more accurately, there must be disparity of force and you or others must be in fear of great bodily harm or death, that does not sound like the case, one of him one of you, no gun/weapon visible.

I would also worry that you did not retreat when you could, rather you escalated the situation by getting out of the car.

As always, I was not there, so there really is no value to my opinion, but it may stimulate some thought.

 

[Neil]

A police report should be filed! Not filing a report makes zero sense...unless this is just a story and that would make perfect sense.

 

[addiction]

there are always two sides to every story.

The way I heard that was, "there are two sides to every Story, and then there is the truth....."

 

[mjbskwim]

A police report should be filed! Not filing a report makes zero sense...unless this is just a story and that would make perfect sense.

I understand not wanting his address public knowledge.So the way he did handle it,he should have just forgot it.

With that said

If the guy was at work,"WITH A CLIENT" the part that doesn't make sense, is him staying right next to a screaming idiot and putting said client in harms way.

Next is the part of him saying ANYTHING to the idiot,instead of just walking the client into the building,if there wasn't another spot to park.

Even if I was packing,I would have moved and not said a word to the guy.Just call 911 and tell them about it.

Maybe say I'm very sorry sir? before he started threatening you? Then move about your business?

 

[deen_ad]

Or made an anonymous call to 911

make an "anonymous" call to 911 unless you can find a phone booth that doesn't have a security camera trained on it. 911 has caller ID and can trace cell phones via GPS on some phones. My cell phone is that way. I called 911, hung up and tried to take picture, my phone said I couldn't use the camera while in 911 mode, luckily the sheriff got there in time.

----------------------------------------------------------

The "Trade Rating" is low by 3
Not everyone posts it I guess.

Deen
NRA Benefactor/Recruiter
WAC member
SWWAC member

 

[elsullo]

I too used to work in public transport, and the company policy was that anyone who reported a problem WAS the problem, since nobody else ever reported problems! I have also had the experience of having a punk I had trouble with repeatedly idling his car outside my house, with occasional late night drive-by screamings.

Unlike many here, I support your decision to just let go of it, exactly for the two reasons you state. Ultimately, nobody won or lost, and without 911 called immediately and lawmen on the scene you have no leverage---or protection--- from this nutter. It's too late for the law to catch him carrying; you were right to not inconvenience your passenger; and you just don't need to have to worry about a nutcase knowing your address. Lots of blowhards here will condemn you for not reporting this event, but they are not the ones who would have to worry about the consequences. Well done: no harm, no foul..................elsullo

I have decided not to file based on:
a) the time gap
b) the individual

I called and was told in filing that my name/address would be public knowledge and known to this individual. While the idea of getting this guy is good- someone like this doesn't really need to be knowing my address.

A few points to note:
-I was on the clock, so I definitely wasn't trying to heighten the situation (and potentially lose my job). I consider myself a professional while working and try to act that way. I'd much rather the guy calm down and go get a burger than continue going apebubblegum.
-the person in question was considerably older than me (elderly) and was in no shape to physically fight.
-I asked him the CCW question calmly. I'm not trying to out-crazy a crazy. I never saw a physical gun although I was nervous when he showed me the bag.

More than anything it just soured my day. I consider myself a responsible gun owner and being involved in a situation like this really disappoints me. After a day like this though I'm just thankful no one got injured.

On the vehicle I noticed stickers for firearms groups so I imagine the person is in the gun community at large. Maybe I'll see them at a gun show in the future? There's nothing like a public shaming!



I don't plan on it much like I didn't plan on this one. It mainly sucks because the driver was set off by something completely unrelated to me, took their anger out on me, then threatened me (an unarmed person) with a gun. I kept cool and tried not to provoke. Not looking to get shot over some bullbubblegum.

I guess that's the thing- I'm not looking for a fight, I don't want to fight, and I don't have anything to prove either way.

 

[DoubleTapDrew]

IMHO you should have called the cop's right then and there

+1 The first person that calls the cops gets to be the victim.
It doesn't matter if they have a CHL or not, and anybody can say yes if you ask if they are licensed to carry. Someone like that is not mature enough to carry (plus most people who are licensed to carry wouldn't be carrying it in a pistol case in the door).
He'll either end up killing someone or try that with the wrong person and get killed himself when they call his bluff.

 

[HappyRoman]

set cell 9#, to 911, push 9 immediately in this issue, if can not talk, keep line open

 

[Stomper]

Sorry, but this just doesn't pass the "keystir smell test".

BWAHAHAHAHAHahahahahaaaaaa.......

 

[clearconscience]

I'm going to do this in all caps because I pi$$d.....

A) YOU SHOULD HAVE CALLED THE COPS A....S....A....P!!!!!!

B) HE PROBABLY DIDN'T EVEN HAVE A CHL.

C) IT'S BETTER TO CALL THE COPS AND GIVE CHL HOLDERS (IF HE HAD ONE) A BAD NAME FOR BEING A THREATENING DUS H BAG, THAN HIM GETTING AWAY AND SHOOTING SOMEONE ELSE.

If you get threatened with any weapon for nothing more than an arguement, then that guy should be behind bars...Period......If not shot himself.

My suggestion call the cops and make a police report. And carry concealed from now on.

 

[clearconscience]

If you want to be a responsible gun owner as any person that loves the 2nd amendment and what it means, then you have no other choice than to call 911 asap if you are threatened with any kind of weapon.

 

[VW_Factor]

In CA the charges would be Terrorist threat with a lessor charge of Assault/Battery.

I was glad to move back to Oregon..

I was beat down by 3 grown men in my own front yard in CA, and the District Attorney did nothing about it. (San Juaquin Valley)

Yer gonna tell me that a guy threatening in such a manner described will land him some trouble?

Good luck with that I suppose.

 

[pogi]

Yeah, he never showed me a specific gun but he did allude to the fact that one was in that bag and one was on him. The security guard was absolutely no help in the situation (I yelled for their assistance). When is too late to file a police report? I should've called the cops but at the time I didn't know if they could do anything but more importantly the person I was with needed to get inside.

I was verbally threatened with a firearm. Cops laughed and said that since I didn't see a firearm there was nothing that they could (would) do. Funny thing is that it was a mentally ill neighbor and when they finally moved her out, yep, they found a gun.

 

[mpmarty]

If you don't follow up and report this, how will you feel next week / month if he kills someone in a blind rage? Just do it. The sooner the better. Good job keeping your cool and not "counter-attacking".

 

[Nimh]

If you don't follow up and report this, how will you feel next week / month if he kills someone in a blind rage? Just do it. The sooner the better. Good job keeping your cool and not "counter-attacking".

Nick - if you don't want to follow some of the advice in this thread, this rings true for me. Reporting this is a responsibility to your family, your neighbor's family, and to gun owners.

Doing the right thing isn't always easy. This I know.

 

[mjbskwim]