And are you absolutely positively certain you know what “exercise my Second Amendment rights” means TO HIM? We understand that to you it merely means standing there with the gun not pointed at anybody, not being brandished, not being used to threaten or harass or intimidate; are you willing to bet your life, and/or the lives of your children or your neighbors or your friends, that a drug-addicted whackjob who is legally blind has exactly the same understanding and will react exactly the same way you would?
It is absolutely using threats of violence in order to silence opposing points of view, not illegal, but in an another thread it is claimed that that is only the liberals use that tactic.
It is also fairly dangerous. Given what the OP has said about this guys behavior and attitude, you think he’s going to be calmly standing in his front yard, just holding his gun with the barrel pointed down the whole time? Is that how you really think it’d play out? I already know you are willing to bet other people’s lives on it, but would you bet your life on it, would you bet your child’s life on it?
If you and I are in a heated argument, and I say I am going to go get a baseball bat, what assumption would you make about my intentions with that bat? Are you really thinking that I suddenly got an interest in playing some ball games, or would you realize that I am willing to use violence in order to silence your voice?
- As jturr88 pointed out, “legally blind” does not mean “cannot see”. This page has a great description and interactive graphic to show what legally blind means in terms of visual acuity.
- In many cases, someone who is legally blind can have acceptable vision with corrective lenses and have a perfectly legal drivers license, albeit with a noted restriction of “must wear corrective lenses”.
- None of the enumerated rights In the US Constitution are invalidated by physical limitations without due process of law.
This case, like the old favorite “Why do drive up ATM’s have braille keys”, may seem illogical at first glace (SWIDT?) but actually have sound reasoning behind them.
As to the OP, per Wikipedia the relevant Washington State law says, in part:
It seems pretty clear by his post that his intent would be to intimidate. IF he did what he said then his action, together with that post, could be enough to get him arrested or at least closely observed. About all the police could do at this point would be to let him know they are aware of the post and should that scenario come to pass they would be watching him closely. He could always maintain that it was not a threat of intimidation, but merely a pledge to actively and legally protect his property.
As far as vision goes, it seems to be getting progressively worse for the guy. At one point he could drive but he wrecked his wrangler years ago and no longer drives. He can play video games if he sits right in front of the tv. He holds his phone to his eyeballs to see who is calling him.
I wanted to say thank you to everyone who has responded in this thread, Astro and jtur88, everyone. I appreciate a place to bounce something like this off if so I don’t have gut reaction type things happening and making things worse. I expect to see our police officer around maybe tonight and I’ll let you know what he says. I took all of your responses in consideration.
The moment his gun is in his hand and not secured in a holster, it is considered brandishing, which is illegal.
Brandishing laws vary wildly from state to state. I can’t even find the term 'brandishing" in the Washington State gun code. About the closest I could find was that it is a gross misdemeanor to aim a firearm “whether loaded or not, at or towards any human being”.
Shotgun holsters are hard to come by.
Yes. Call the police and give them a heads-up. Do it from a blocked number if you are worried about it coming back to you. While they may already be aware of his antics, they may not. They are likely to just make a note of it and advise any officers that are dispatched to the address in the future. I know that I’d like to have that info when responding to what might be an “unknown problem” call.
Irrelevant, since the OP specifically stated the neighbor would be standing in his yard “with my fucking pistol in my hand.”
Doctor Jackson, the OP is in Oregon which apparently substitutes ‘menacing’ for brandishing (ORS 163.190), although ORS 166.190 seems to come fairly close to the classic definition of brandishing:
Not sure where I got Washington from, but aren’t Oregon and Washington identical in every way? ![]()
So the police officer knew the guy. They are going to put a patrol car by his house down a bit next time there is a scheduled protest by his area. The police officer told me that the last thing that he wanted was for me to feel uncomfortable about reporting something like this in light of what happened down the street two days ago. (See Chimera’s link above). The guy they had to shoot had similar delusions. My fellow of concern is now getting some enlightenment from his family apparently as well as they all saw his rant and then watched the guy down the street get shot.
I’m not super religious anymore, but I actually prayed to God begging him to give that fellow some peace, and to protect anyone that has to deal with him. All this craziness is just a little too much to bear here lately for us middle of the road types.
Thank you for talking to them (and thanks also for letting us know how it went).