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you can communicate a threat to shoot some one without ever having a gun on your possession. (Gran Torino comes to mind, even if that is fiction.) Here's the relevant text of Indiana Code Title 35. Criminal Law and Procedure § 35-45-2-1. :
making threats in general is Class A misdemeanor. there's conditions that can bump it to a class 6, or 5 felony (like, you're threatening to commit a felony- aka to shoot some one.)
it goes on to say:
I've bolded the important bits, and trimmed out a few that were irrelevant or just too wordy and also irrelevant.
care to explain how calling attention to being armed, isn't on some level intended to shock or scare school kids? based on posture and what little context there was, it seems more reasonable to believe he wanted- consciously or otherwise- to scare and pressure these kids. And he used a firearm to do it.
you can use a device to intimidate without ever actually drawing or firing a weapon. on a geopolitical level, the entire premise of MAD is based on that. Simply opening his jacket was "using" in that sense. "I'm armed right now!! [SEE?]" there was absolutely zero reason, as far as legitimate policy arguments go, that flashing that pistol bolstered... and a reasonable belief, by members of this group, that he was indeed threatening them.
I am hard pressed to conceive of a scenario where the situation would be improved by such an announcement where simply drawing it would not also be a greater improvement.
Am I stretching things- a bit- ? probably. Will this guy get off because "i didn't mean it that way?" Absolutely. because he's rich(ish), white, and in a conservative stronghold that likes this sort bullshit. Does it mean he's not guilty? No... Does it mean it's okay to do? absolutely not.
For fucking hell. By YOUR definition of reasonable, and YOUR interpretation.
How many ways do I need to say it? It’s not YOUR definition that matters. It’s not even mine. One of the kids even said it. “nothing about that makes me feel safe.”
There is no world in which intentionally flashing a gun does not reasonably convey a threat on some level. Showing that you are carrying, serves no purpose to that argument- the argument he’s loosing (and judging by his subsequent comments… quite salty about it.)
Now look at his posture, he’s leaning forward, in an aggressive manner (not physically aggressive, yet, but he’s leaning forward, his other hand is in an raised defensive posture. He’s squared up on them, on his toes,) He’s agitated, his face shows frustration. And he has aggressive body language.
You’re acting like a single action will always be one thing and never more than one thing. These situations are a whole lot of gray, and his whole lot of gray said he at the very least meant to scare or shock those students.
>There is no world in which intentionally flashing a gun does not reasonably convey a threat on some level.
during a bank robbery, to the people on the floor with you while the assailants have their backs turned.
Great way to get everyone killed.
There’s a reason banks just hand over the cash.
I didn't say it was wise. I said it's not a threat.