# OK to point a unloaded gun at a person



## BPturkeys (Sep 13, 2007)

In turning the officer loose in the San Juan county Sheriff's controversy, this is what the judge said"

Harmond(the judge) ruled that it was not a deadly weapon at the time.
“As a matter of law, the mere pointing of the weapon cannot create a substantial risk of death or serious bodily injury without proof the firearm was loaded and capable of discharging,” 

Wow, how many people have been shot and killed because they pointed a firearm at a policeman...

I am at a total loss in understanding the ruling.


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## Al Hansen (Sep 7, 2007)

Really !!!! Point a gun or facsimile of a gun at me and good luck.


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## DallanC (Jan 13, 2009)

What an asinine judgement.


-DallanC


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## BPturkeys (Sep 13, 2007)

The point is that the guy that pointed the gun was released because the gun was not loaded and posed no threat. So does that mean when an officer shots a guy because he pointed a gun at him, and the gun was empty, the officer shot a man that posed no threat to him and if there was no threat then you can't justify the shooting.


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## Huge29 (Sep 17, 2007)

Unfortunately, this certain judge is full of crazy decisions. hopefully, he becomes the second judge to be recalled in state history. A guy was convicted of child rape here locally, admitted to 44 counts of raping his own two daughters, plead down to 16 counts of a lesser charge. Was given 6 months in jail. Of course, I always vote no on retaining of every judge, but this one particularly needs to go. Numerous bad decisions IMHO


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