Indiana statutes on "pointing" a weapon at another person

[NHT3]

Probably here somewhere but I can't find it. Can someone point me to the Indiana statute that covers pointing a weapon at another person. Misdemeanor/Felony? Does it change the situation if the weapon is not loaded?
Thanks INGO

[FONT=&quot] [/FONT][FONT=&quot]NRA Life Member[/FONT][FONT=&quot]-- [/FONT][FONT=&quot]GSSF member[/FONT]
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[Tomahawkman]

I don't have the IC code but I believe for it to be lawful, it comes down to the other person has to be doing something they are not lawfully aloud to be doing that might cause you to believe you will or actually experience serious bodily injury (permanent disfigurement) or death, also significant property damage I believe is also covered here but don't take my word for it.

 

[Spear Dane]

Police: Man draws shotgun during altercation | Local news | kokomotribune.com

 

[chezuki]

Probably here somewhere but I can't find it. Can someone point me to the Indiana statute that covers pointing a weapon at another person. Misdemeanor/Felony? Does it change the situation if the weapon is not loaded?
Thanks INGO.

From the IC:

IC 35-47-4-3 Version b
Pointing firearm at another person
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or (2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at
another person commits a Level 6 felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.
As added by P.L.296-1995, SEC.2. Amended by P.L.158-2013, SEC.589.

 

[eldirector]

Heard from a LE friend that a lot of young punks carry an unloaded handgun for intimidation purposes, knowing that a misdemeanor for a minor is nothing but a slap on the wrist.

 

[Bill B]

Heard from a LE friend that a lot of young punks carry an unloaded handgun for intimidation purposes, knowing that a misdemeanor for a minor is nothing but a slap on the wrist.

I could see a first year law student getting an "intimidation" charge (a felony) added quite easily.

 

[PRasko]

Heard from a LE friend that a lot of young punks carry an unloaded handgun for intimidation purposes, knowing that a misdemeanor for a minor is nothing but a slap on the wrist.

I could see a first year law student getting an "intimidation" charge (a felony) added quite easily.

You'd be wrong.

This exact thing happened back where I used to live with my brother.

Some wanna be thug pointed an unloaded 1911 at my brother during an altercation. My brother didn't know it was unloaded, but still disarmed and incapacitated him.

The prosecutor of lake county flat refused to press charges against him.

 

[fuzzy]

Just wondering but is this a reason NOT to use your rail mounted light if you go outside your home to check on a noise or suspicious person ? If your are using that light to look around and shine it on the person, aren't you now guilty of pointing a weapon at them without being in fear of your life or bodily harm?

 

[PRasko]

Rail mounted lights are, in my opinion, asinine.

Window breaks in the middle of the night, and you're heading to your kids room to check on them. What? You sweep them with your muzzle guided flashlight?

 

[ATM]

Rail mounted lights are, in my opinion, asinine.

Window breaks in the middle of the night, and you're heading to your kids room to check on them. What? You sweep them with your muzzle guided flashlight?

No, you prefer a handheld flashlight for exploratory work and use the rail mounted light as designed to illuminate anything you decide to target with the gun.

If you must use the rail mounted light to explore/identify for some reason, you can at least minimize the risk of sweeping unintended objects by using the outer edges of the beam which lead the centered/targeted focus point in every direction.

 

[rhino]

Just wondering but is this a reason NOT to use your rail mounted light if you go outside your home to check on a noise or suspicious person ? If your are using that light to look around and shine it on the person, aren't you now guilty of pointing a weapon at them without being in fear of your life or bodily harm?

If you don't have a rail-mounted light, you need a handheld light. If you do have a rail-mounted light, you need a handheld light. If you don't have a gun at all, you need a handheld light.


Given that, if you know how, it's possible to illuminate using a weapon-mounted light without pointing the muzzle directly at what you're trying to see. This is especially true if you have a lot of lumens available and good spill from your light.

Rail mounted lights are, in my opinion, asinine.

Window breaks in the middle of the night, and you're heading to your kids room to check on them. What? You sweep them with your muzzle guided flashlight?

Have you ever learned how to properly use rail-mounted light on a pistol?

No, you prefer a handheld flashlight for exploratory work and use the rail mounted light as designed to illuminate anything you decide to target with the gun.

If you must use the rail mounted light to explore/identify for some reason, you can at least minimize the risk of sweeping unintended objects by using the outer edges of the beam which lead the centered/targeted focus point in every direction.

Correct!

 

[Trigger Time]

Rail mounted lights are, in my opinion, asinine.

Window breaks in the middle of the night, and you're heading to your kids room to check on them. What? You sweep them with your muzzle guided flashlight?

Then you should get trained to use one. You picked the right avatar.

 

[chezuki]

Then you should get trained to use one. You picked the right avatar.

I've missed you.

 

[Doublehelix]

If you don't have a rail-mounted light, you need a handheld light. If you do have a rail-mounted light, you need a handheld light. If you don't have a gun at all, you need a handheld light.

So... I am confused here. Are you saying I might need a handheld light? LOL!

 

[CavMedic]

My own 2C from a personal experience.
I was driving down the highway when I changed lanes. The car behind me sped up to try to stop me from changing. He honked and flashed his lights and I gave him a wave of the hand as to say, if I cut you off my bad. This set him off. He was on my a$$ the whole time, swerving beside me and at me, honking and screaming at me. Whatever right, road rage is silly. So I decided to get off the highway and just take the surface streets, he followed and used the shoulder the get around me and block me in at a red light.
At this point I removed my seatbelt not knowing what this guys end game was as I could see he was reaching around in the car. He exited his vehicle, mind you I have nowhere to go as I am blocked in, and as he did I could see that he had something in his hand. So, I put the car in park, open the door and use my door jamb and engine as some modicum of cover as I draw and "kindly" tell him to get back in his vehicle and drive away...my pistol was pointed at him, finger off the trigger at that point. I go the reaction I wanted, he threw whatever back in his car, put his hands up and got in, and was immediately stopped by the Officer sitting at the opposite stoplight who witnessed the whole event.
The guy complained that I pointed my gun at him, the cop informed him that he should be complaining that I shot...though I don't think it would have been a good shoot...
In the end I drove away and that guy was still losing his mind with the police.

 

[rhino]

So... I am confused here. Are you saying I might need a handheld light? LOL!

I see my subtle implication was perceived!

 

[Bill B]

You'd be wrong.

This exact thing happened back where I used to live with my brother.

Some wanna be thug pointed an unloaded 1911 at my brother during an altercation. My brother didn't know it was unloaded, but still disarmed and incapacitated him.

The prosecutor of lake county flat refused to press charges against him.

For intimidation to be a crime you must be put into fear of committing a prior lawful act. Pointing a gun at someone walking down the street could be intimidation, pointing a gun at someone in you backyard (trespassing), or blocking you in at an intersection and approaching you, probably not.

 

[PRasko]

Then you should get trained to use one. You picked the right avatar.

Plenty of officers were trained to use serpa holsters. How many have had NDs? How many depts have banned the use of them?

Point of the matter is, even with proper training accidents can and will happen. I'd rather not be pointing a gun anywhere near one of my family in a stressful scenario.

 

[Timjoebillybob]

For intimidation to be a crime you must be put into fear of committing a prior lawful act. Pointing a gun at someone walking down the street could be intimidation, pointing a gun at someone in you backyard (trespassing), or blocking you in at an intersection and approaching you, probably not.

While possibly not intimidation, it can get you sentenced to 3 years in the state pen. Post #7
https://www.indianagunowners.com/fo...ssion/102927-cases-help-define-use-force.html

 

[NHT3]

Plenty of officers were trained to use serpa holsters. How many have had NDs? How many depts have banned the use of them?

Point of the matter is, even with proper training accidents can and will happen. I'd rather not be pointing a gun anywhere near one of my family in a stressful scenario.

Accident ..... . an event that happens by chance or that is without apparent or deliberate cause:

What is accidental about pulling the trigger on a firearm and it discharging? I know we are all human and make mistakes but call it what it is and it's never an accident when you are handling a firearm and it discharges. I understand it may not be deliberate but the cause IS lack of enough training. Allowing a person the latitude of calling it an accident says no matter how much training is involved it's inevitable and that is just not the case or the attitude someone carrying a firearm should have. Of course you never want to point at anything you don't want destroyed, that's what the incessant training is for. If you are carrying a firearm training should be ongoing and too many people think one or two classes and they are "good to go". (if they even manage that)
Find a competent trainer and stick with so when it counts you can be counted on to do it safely.


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Certified Glock & M&P armorer
NRA Basic pistol instructor[FONT=&amp] /[/FONT][FONT=&amp] RSO[/FONT]