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The Water Cooler
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concealed carrier intervenes at lunchtime
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<blockquote data-quote="Dave70968" data-source="post: 3173899" data-attributes="member: 13624"><p>If it went to trial, it would be up to the jury to decide, based upon what the "reasonable man" would have felt. Personally, I would have felt a felony, found in the combination of 21 O.S. 641 and 645.</p><p></p><p>641:</p><p style="margin-left: 20px">An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.</p><p></p><p>645:</p><p style="margin-left: 20px">Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year.</p><p></p><p>Agitated and waving a weapon says "threat" to me, meeting the definition of assault (sometimes put as "reasonably in fear of imminent bodily harm"); the gun automatically takes it up into the felony category.</p><p></p><p></p><p></p><p>I've heard it as "...if you're not <em>prepared</em> (or <em>willing</em>) to use it," which I find to be a much better phrasing--it doesn't foreclose options.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3173899, member: 13624"] If it went to trial, it would be up to the jury to decide, based upon what the "reasonable man" would have felt. Personally, I would have felt a felony, found in the combination of 21 O.S. 641 and 645. 641: [INDENT]An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.[/INDENT] 645: [INDENT]Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year.[/INDENT] Agitated and waving a weapon says "threat" to me, meeting the definition of assault (sometimes put as "reasonably in fear of imminent bodily harm"); the gun automatically takes it up into the felony category. I've heard it as "...if you're not [I]prepared[/I] (or [I]willing[/I]) to use it," which I find to be a much better phrasing--it doesn't foreclose options. [/QUOTE]
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