Dude you are a FREAK! Put the fucking Shot-Gun away!

YES!

Wew! I’m glad this is in the pit, otherwise I’d think some of you are truly offended by my posting style.
You are right Zoe - you can say what you wish about my writing style and my career, it doesn’t make much difference to me. No one likes to be doubted, and in retrospect I too look at most of your posts and get the sense that you are a generally nice person. Maybe that is why I sense your comments are not meant to be terse. Oh and I have met several quite puerile people who have been awarded PhD’s. :slight_smile: Often my imagination has been my own nemesis but my career certainly does not live with in that realm.

Desmostylus - I do like to tell stories to friends, I do like to embelish for effect…is that not a good trait for one who likes to tell stories? Do you have any friends who like to tell stories? They may tell you the same things. However, there is a big difference between telling a flat lie, and telling a renditon of a real life event. Were things embelished? Sure, but the sequence of events is as it happened.

To clear up some things about the man in question he is known as someone with issues…obviously. And my SIL said he has been the target of some eggings, TP on the trees, etc…etc…from local hooligans. She also mentioned that he was not arrested because the local police know him, and know the gun is for show. This should raise some eyebrows as what would happen if he did shoot someone someday? I do not know the answer to this, neither does my SIL. It is what it is. Next year we won’t be trick or treating in that neighborhood sufficed to say.

It’s impossible to generalize, since criminal law varies in every state. What I said was what I was familiar with, and I believed my statements to be sufficiently broad to cover most locales. But to answer your questions (and keeping in mind I am neither a lawyer nor a cop, I just worked with a lot of them and spent a lot of time observing criminal trials and investigations):

1- “Multiple reports” merely give the police a reason to inquire. They do not lead to “probable cause,” a phrase which I believe you are misusing. “Probable cause” usually refers to situations where an officer could not obtain a search warrant because evidence of the crime would not exist by the time he obtained it. This is why the police can search your car or arrest you for drunk driving without a warrant, but they must demonstrate later that they had probable cause to believe they would find evidence of a crime, or that you had committed a crime. A lot of people don’t know this, but if a cop asks your permission to do something like search your car, that means he doesn’t have probable cause. But if you aquiesce, then it doesn’t matter.
Getting back to my point, probable cause would not arise in this situation, since it was happening in plain view. A search warrant would not have been a consideration. And merely holding a gun and being agitated is not itself a crime, unless there are local ordinances regarding gun ownership. If any of the people who witnessed this guy wanted to file a criminal complaint to the police, THEN they might use it to bring him in for questioning, or possibly get an arrest warrant for him. But if they thought the charges wouldn’t stick, they might not bother to do either of those things.

2- No, I don’t believe his actions would be considered “felonious” anywhere, although keep in mind the law is fluid. Whether he’s charged with a felony, a misdemeanor, or not even arrested depends on a zillion different variables, from how good a mood the responding officers are in to whether the DA wants to be seen as “tough on crime.” Prosecutors rarely bring charges they’re not sure will stick; they don’t have time to waste. But like I said before, standing on your own front lawn holding a gun and acting agitated is not itself illegaly, although it will usually guarantee you a visit from Jonny Law.
Can we all lay off Phlosphr now? The one bad thing he said he’s apologized for. Let it drop already.