Will Your Gun Be Taken By The Police If You...

Published on October 11, 2023
Duration: 7:10

This video discusses the legal ramifications of pointing a firearm at someone, even after calling 911. Criminal defense attorney Tom Grieve explains that while specific 'brandishing' laws vary by state, intentionally pointing a firearm at another person is generally a crime unless justified by an imminent threat of death or great bodily harm. The presence of surveillance cameras at locations like gas stations can significantly impact the evidence available to prosecutors. The expert emphasizes that firearms are very likely to be seized as evidence by law enforcement in such situations.

Quick Summary

Police are very likely to seize your firearm as evidence if you point it at someone, even if you call 911. You can generally only legally point a gun if you can articulate an imminent threat of death or great bodily harm. Gas station cameras often provide crucial evidence in these situations.

Chapters

  1. 00:00Viewer Question: Gun Seizure After Pointing
  2. 00:13Giveaway Announcement
  3. 00:29Introduction of Attorney Tom Grieve
  4. 00:35Scenario: Pointing Gun at Gas Station Patron
  5. 00:53Why Are You Pointing Your Gun?
  6. 01:12The 'It Depends' Factor in Law
  7. 01:55Reason for Pulling a Gun: Imminent Fear
  8. 02:07Brandishing Laws vs. Intentionally Pointing
  9. 02:23Pointing vs. Firing a Firearm
  10. 02:53Importance of Threat Articulation
  11. 03:10Status of Evidence: Cameras
  12. 03:39Witness Statements vs. Camera Footage
  13. 04:13When You Can Pull a Firearm
  14. 04:44Middle Ground: Drawing Without Pointing
  15. 05:05Articulating the Threat
  16. 05:15Tactical Considerations at Gas Stations
  17. 06:05Will the Gun Be Taken as Evidence?
  18. 06:23Agreement on Pointing the Gun
  19. 06:40Immediate Disarmament by Police
  20. 06:56Related Video: Pulled Over While Carrying Concealed

Frequently Asked Questions

Will police take my gun if I point it at someone, even if I call 911?

Yes, it is very likely that police will take your firearm as evidence if you point it at someone, regardless of whether you call 911. The act of pointing a gun can be a crime unless you can clearly articulate an imminent threat of death or great bodily harm.

What is the legal justification for pointing a firearm at another person?

You can generally only be privileged to point a firearm at another person if you can articulate why you were facing an imminent danger, such as a threat of death or great bodily harm. The specifics can vary by state law and interpretation.

How do cameras at a gas station affect a firearm incident investigation?

Cameras at gas stations can be crucial evidence. They can capture the entire event, providing objective footage that helps prosecutors determine the facts, potentially corroborating or contradicting witness statements about why a firearm was displayed.

Are there laws specifically called 'brandishing' in all states?

No, not all states have a specific law named 'brandishing.' However, many states have laws against intentionally pointing a firearm at another person, which can lead to criminal charges if not justified by self-defense.

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