# WRONG guy to pull a gun on, dumbass **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [October 6, 2009, 7:35am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789 "2009-10-06T07:35:32Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [October 8, 2009, 5:48pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/41 "2009-10-08T17:48:30Z")
Well, nothing really exciting to report. Dumbass didn’t barricade himself inside the house screaming “you’ll never take me alive, coppers” and lob hand grenades at them, or anything like that. Our driver called the SVPD and requested that one unit be dispatched to the house, and another to the restaurant. After gathering the necessary information from our driver, the unit at the house arrested dumbass without incident, and he was charged with brandishing a weapon at a peace officer. He made bail a few hours later and that was the last our driver has heard concerning the incident. I was told that he is being charged with a felony, and if convicted, it is an offense which will bar him from ever possessing a firearm in the state of California. ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [October 8, 2009, 5:54pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/42 "2009-10-08T17:54:38Z")
> [@Washoe](#): > > he was charged with brandishing a weapon at a peace officer. Does that count if the policeman was out of uniform? Yeah, yeah, I know, that’s why we have juries. 🙂 ---
**Author:** ![Lust4Life](https://avatars.discourse-cdn.com/v4/letter/l/ecc23a/32.png) [@Lust4Life](https://boards.straightdope.com/u/Lust4Life)\ **Post date:** [October 8, 2009, 6:28pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/43 "2009-10-08T18:28:16Z")
Well I’m going to be the person who doesn’t actually agree with the O.Ps idea. While we can all get a cheap little sense of “I’m better then those people” you are getting off on a sense of smug "Oh its not me " That poor bloke has been receiving continual “Prank” DEATH THREATS,Hello mr Smug,every FUCKING DAY FOR FOUR MONTHS. Is This the time we go HAHAHa. ---
**Author:** ![audiobottle](https://avatars.discourse-cdn.com/v4/letter/a/bc8723/32.png) [@audiobottle](https://boards.straightdope.com/u/audiobottle)\ **Post date:** [October 8, 2009, 6:45pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/44 "2009-10-08T18:45:48Z")
Huh? Did I miss part of the story where the guy had been getting death threats every day for four months? ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [October 8, 2009, 7:12pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/45 "2009-10-08T19:12:25Z")
> [@audiobottle](#): > > Huh? Did I miss part of the story where the guy had been getting death threats every day for four months? Well, the grease on that pizza can clog your arteries something fierce. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [October 8, 2009, 7:13pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/46 "2009-10-08T19:13:27Z")
> [@Washoe](#): > > I was told that he is being charged with a felony, and if convicted, it is an offense which will bar him from ever possessing a firearm in the state of California. The worse punishment he ever endured. \ ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [October 8, 2009, 8:15pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/47 "2009-10-08T20:15:58Z")
> [@carnivorousplant](#): > > Does that count if the policeman was out of uniform? I specifically asked him (my coworker) the same question, and he told me that it didn’t make any difference. The driver did everything by the book; he said “sir, you need to lower that weapon RIGHT NOW,” and then immediately identified himself as a commissioned LEO. Dumbass refused to lower the weapon, and continued to mouth off to our employee. So he is charged with brandishing a weapon at a peace officer, which is a more serious offense in California than doing the same thing at a civilian. ---
**Author:** ![ExTank](https://avatars.discourse-cdn.com/v4/letter/e/35a633/32.png) [@ExTank](https://boards.straightdope.com/u/ExTank)\ **Post date:** [October 8, 2009, 8:22pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/48 "2009-10-08T20:22:32Z")
> [@carnivorousplant](#): > > Does that count if the policeman was out of uniform? > > Yeah, yeah, I know, that’s why we have juries. 🙂 This shouldn’t go to trial. The charge is probably higher than it needs to be in order for him to plea down to some sort of misdemeanor or low-class felony assault charge. While I don’t condone the homeowner’s actions, no PD or DA’s office should realistically expect J.Q. Public to be able to identify off-duty, non-uniformed officers wearing “Dominos Delivers” _as_ police officers. ---
**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\ **Post date:** [October 8, 2009, 8:26pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/49 "2009-10-08T20:26:56Z")
> [@ExTank](#): > > This shouldn’t go to trial. The charge is probably higher than it needs to be in order for him to plea down to some sort of misdemeanor or low-class felony assault charge. > > While I don’t condone the homeowner’s actions, no PD or DA’s office should realistically expect J.Q. Public to be able to identify off-duty, non-uniformed officers wearing “Dominos Delivers” _as_ police officers. Apparently he continued to point the weapon after the driver identified himself as such. ---
**Author:** ![ExTank](https://avatars.discourse-cdn.com/v4/letter/e/35a633/32.png) [@ExTank](https://boards.straightdope.com/u/ExTank)\ **Post date:** [October 8, 2009, 8:35pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/50 "2009-10-08T20:35:39Z")
> [@Contrapuntal](#): > > Apparently he continued to point the weapon after the driver identified himself as such. Perhaps. But not presented as fact in the OP or **Wash’s** follow-up. ---
**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\ **Post date:** [October 8, 2009, 8:39pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/51 "2009-10-08T20:39:41Z")
You seem to have missed the second followup. > [@Washoe](#): > > The driver did everything by the book; he said “sir, you need to lower that weapon RIGHT NOW,” and then immediately identified himself as a commissioned LEO. Dumbass refused to lower the weapon, and continued to mouth off to our employee. So he is charged with brandishing a weapon at a peace officer, which is a more serious offense in California than doing the same thing at a civilian. ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [October 8, 2009, 9:09pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/52 "2009-10-08T21:09:35Z")
> [@Washoe](#): > > The driver did everything by the book; he said “sir, you need to lower that weapon RIGHT NOW,” and then immediately identified himself as a commissioned LEO. Did he show him a badge or ID? 🙂 ---
**Author:** ![ExTank](https://avatars.discourse-cdn.com/v4/letter/e/35a633/32.png) [@ExTank](https://boards.straightdope.com/u/ExTank)\ **Post date:** [October 8, 2009, 9:11pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/53 "2009-10-08T21:11:12Z")
> [@Lute Skywatcher](#): > > You seem to have missed the second followup. 🙂 Ain’t no “seem” about it, I _did_ miss the 2nd follow-up. When I started my first reply, Washoe hadn’t yet posted it, and then I didn’t notice it after I hit submit. :smack: I am curious, though… **Washoe,** did you delivery guy have a badge with him? While I don’t live in **Gus’s** neck of the woods and would probably not greet a late-night caller at my front door with a gun in their face, I would be reluctant to merely take someone’s word that they are a cop. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [October 8, 2009, 11:29pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/54 "2009-10-08T23:29:27Z")
> [@ExTank](#): > > 🙂 Ain’t no “seem” about it, I _did_ miss the 2nd follow-up. When I started my first reply, Washoe hadn’t yet posted it, and then I didn’t notice it after I hit submit. > > :smack: > > I am curious, though… **Washoe,** did you delivery guy have a badge with him? > > While I don’t live in **Gus’s** neck of the woods and would probably not greet a late-night caller at my front door with a gun in their face, I would be reluctant to merely take someone’s word that they are a cop. How much trouble would he be in if they concede he didn’t know the guy was a cop? Pointing a gun at civilian is still a crime, right? ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [October 9, 2009, 12:22am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/55 "2009-10-09T00:22:40Z")
> [@BigT](#): > > How much trouble would he be in if they concede he didn’t know the guy was a cop? Pointing a gun at civilian is still a crime, right? Yes, but apparently threatening a cop is a worse crime, just as killing a cop here is “Capital Felony Murder”, a worse crime than murder. ---
**Author:** ![ExTank](https://avatars.discourse-cdn.com/v4/letter/e/35a633/32.png) [@ExTank](https://boards.straightdope.com/u/ExTank)\ **Post date:** [October 9, 2009, 12:27am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/56 "2009-10-09T00:27:56Z")
> [@BigT](#): > > How much trouble would he be in if they concede he didn’t know the guy was a cop? Pointing a gun at civilian is still a crime, right? Under most circumstances, yes. Under those described by the OP, almost certainly so. IANAL, and without having a firm (any) grasp of CA laws, I think he would be facing a charge of [Aggravated Assault.](http://criminal-law.freeadvice.com/violent_crimes/aggravated_assault.htm). Just my WAG. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [October 11, 2009, 11:09am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/57 "2009-10-11T11:09:33Z")
> [@carnivorousplant](#): > > Did he show him a badge or ID? 🙂 > [@ExTank](#): > > I am curious, though… **Washoe,** did you delivery guy have a badge with him? Errr…sorry—I’m asleep at the wheel in my own thread. I think he’s working tomorrow night—I’ll ask him. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [October 13, 2009, 10:35am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/58 "2009-10-13T10:35:41Z")
I asked him about it tonight. No, he didn’t badge dumbass; he just told him orally that he is an LAPD officer. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [October 13, 2009, 12:41pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/59 "2009-10-13T12:41:50Z")
> [@Washoe](#): > > I asked him about it tonight. No, he didn’t badge dumbass; he just told him orally that he is an LAPD officer. I have a hard time seeing how the peace officer charge will stick for a conviction then. I mean, anyone can say they are a cop. ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [October 13, 2009, 12:53pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/60 "2009-10-13T12:53:30Z")
> [@Washoe](#): > > I asked him about it tonight. No, he didn’t badge dumbass; he just told him orally that he is an LAPD officer. I’d consider that were I on his jury. [Previous page](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789.md?page=2) [Next page](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789.md?page=4)