Is this a criminal threat?

ppants · March 2014

In your opinion of course.

Sorry. 1st time doing a poll with the new format. I was going to do SS, but screwed it all up.

Here's the story....My co-worker's husband called to report shots being fired (a lot) in the middle of the night. He was told the highway patrol was using the other side of the highway for target practice because there isn't an actual range close by I guess. He was upset by this and made a comment about how he has a conceal to carry license and maybe he should get this gun and go out there and shoot it off. He was arrested (3 mo later) on a criminal threat charge which is a felony.

ppants · March 2014

I fixed it, sort of.

littlestjerry · March 2014

I mean, it depends on what that statute in your state says. All criminal charges have elements, but without knowing the elements of that charge or even what the charge is, there's no way any of us could know.

Eta: I guess the charge is called criminal threat??

ppants · March 2014

I'm asking for your opinion on the matter. Not expecting an opinion on the law.

littlestjerry · March 2014

Ok, well then, sure, I think it is a threat worthy of a charge. Felony seems extreme. But police officers have dangerous jobs-you can't go saying things that make it sound like you might shoot them without raising some hackles.

acaudill75 · March 2014

My opinion, having a cop for a husband and having worked for a police department myself, is that they have zero tolerance policy for bullshit like that. Having said that, the guy was probably acting like a douche to have been arrested three months later.

ppants · March 2014

fredalina said:

I say no (because there is no SS), mainly because he said "maybe" and didn't say he was going to shoot a person/officer. It sounds to me like he's saying, "Hell, if the cops can shoot over there whenever they want/middle of the night just because there isn't a shooting range nearby, I should be able to use that area as a shooting range, too." Also, if they thought it was an actual threat, they wouldn't have waited 3 months to arrest him. Was what he said illegal? No idea. Was what he said a "threat" to shoot his gun in a place he's not allowed? Meh, maybe, but not really; it was the middle of the night and he was grumbly (and stupid). Was what he said a threat to shoot an officer? Not the way it was written above. JMO.

I think the way you stated it was his intent exactly and I have no idea why they waited so long for the arrest.

littlestjerry · March 2014

My guess is that an arrest warrant was issued at the time, but no one got around to actually serving it until later. I can't see what kind of malicious motive would cause them to wait to arrest him.

littlestjerry · March 2014

I was hoping you'd show up here, @ThisIsBrea!

NotSharknado · March 2014

Correct me if I'm wrong but isn't OP the one that wanted to press charges against a six year old?

Funny how you would consider this an overreaction.

NotSharknado · March 2014

Yep

shadypines · March 2014

Now the yellow flags!! Ugh!

ppants · March 2014

DH doesn't do that type of law. I do know her/his attorney though.

angelashly · March 2014

That is a threat. As for the wait I'm sure that by the time it was reported,investigated, warrant issued, and police out to pick him up some time would pass. It wasn't murder or robbery those usually take priority.

outnumbered · March 2014

Sterling13 said:

I'm really confused that cops would just set up shop in the middle of the night next to the highway and start shooting. Something doesn't add up.
And yeah, threatening to go shoot your gun off is a threat.

My town has a gun range. It is on a portion of a huge piece of land that is not build-able. It runs alongside a major highway. The outdoor ranges are probably a mile or 2 from the highway blocked by swamp and forest. There are strict rules on when the range can be used and the police use it for training often late at night.

insertclevername · March 2014

It was not a threat against a police officer or person but depending on how he said it could be construed as a threat. Regardless of whether or not he meant it as a threat, it is incredibly stupid to tell a police dispatcher you are going to take your gun and shoot it outside, even in jest.

missymo · March 2014

I feel like there is more to the story. Obviously OP has only heard his side...I'm guessing if he was arrested, there might be a little more to it. Team he's a dumbass.

ETA: Omg, I accidentally used the wrong version of to. So embarrassed. I couldn't leave it.

allrightmeow · March 2014

There are certain things you don't say to law enforcement. Im going to add this to that list.

allrightmeow · March 2014

fredalina said:

Yeah, I get that. But why wait 3 months? If they had come that night or next morning, I would agree. That's the part that makes me think they didn't really think it was a credible threat and are looking for a reason to bring him in.

Me thinks there is more to this story than what OP is being told.

RayRay007 · March 2014

I need more information to decide if it was worthy of a charge. Definitely a dumb thing to say. FWIW, I interpret it to mean (the way it's written here), is that he's suggesting he should go to the "range" to do some practice shooting like the officers are doing, not shoot at the officers. But dumb thing to say.

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