That does not comport with my understanding of the law.
Assault is the physical attempt; battery would be actual contact or physical harm. In this case, unless the weapon is fired, there was no attempt.
In every gun handling course I’ve had and in numerous instances at the range, we are told endlessly to never point a gun at anyone/anything if you don’t intend to fire it.
This would be considered a threat. It would be interesting to see what the law or statute actually says regarding pointing a firearm at someone..
Assault is the physical attempt; battery would be actual contact or physical harm. In this case, unless the weapon is fired, there was no attempt.
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That’s where the crime of assault with a dangerous weapon originates. If you point a weapon at someone, you commit the crime. Furthermore, never point a weapon (loaded or unloaded) at any living thing you don’t want to kill. It’s the first rule in gun safety. Always keep the business end of the weapon pointed in a safe direction.
No, he was correct.
“That does not comport with my understanding of the law.”
I hope your understanding can be corrected.
No, assault is “ An intentional act that places another person in reasonable apprehension of imminent harmful or offensive contact. Pointing a gun at someone, or displaying it in a threatening way, almost always satisfies this definition.”
In fact, brandishing a weapon is typically deemed some kind of “aggravated assault with a deadly weapon.”