# 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:** 16\ **Page:** 5
**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:** [December 17, 2009, 1:33am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/81 "2009-12-17T01:33:09Z")
> [@carnivorousplant](#): > > One never has much choice when a Judge tells you how brilliant he is and how stupid you are. Tsk, tsk, If you’re going to snark, at least do it right. “One never has much choice when a judge tells you **how much power he has** and how stupid you are.” And it needs one of these: :dubious: Anyways, if the judge could have suspended his license, I think it would have made a stronger point. I don’t mean permanently–just take away his gun for a while since he used it irresponsibly. I’d also expect a cop to come by and ring his doorbell to make sure the guy doesn’t do it again. Heck, I think that’d be a good idea, anyways. ---
**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:** [December 17, 2009, 2:34am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/82 "2009-12-17T02:34:19Z")
> [@BigT](#): > > Tsk, tsk, If you’re going to snark, at least do it right. My first thought is to post, “Go jump in the lake, you aren’t a judge”, but I figure a Mod would tell me how much power he has and how stupid I am. 🙂 ---
**Author:** ![not\_austin](https://avatars.discourse-cdn.com/v4/letter/n/c68b51/32.png) [@not\_austin](https://boards.straightdope.com/u/not_austin)\ **Post date:** [December 17, 2009, 4:19am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/83 "2009-12-17T04:19:56Z")
> [@carnivorousplant](#): > > One never has much choice when a Judge tells you how brilliant he is and how stupid you are. You do if you are Lord Birkinhead.. > [@](#): > > A 1924 entry in Evelyn Waugh’s diary states that an English High Court judge presiding in a sodomy case sought advice on sentencing from Lord Birkenhead. “Could you tell me,” he asked, “what do you think one ought to give a man who allows himself to be buggered?” Birkenhead replied without hesitation, “Oh, thirty shillings or two pounds; whatever you happen to have on you.” [From his Wiki Page](http://en.wikipedia.org/wiki/F._E._Smith,_1st_Earl_of_Birkenhead) ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [February 15, 2010, 9:46pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/84 "2010-02-15T21:46:54Z")
Now I’ve seen everything. Dumbass placed a (legitimate) phone order last night for two large pizzas, and we delivered them to him. :rolleyes: We did not, however, send the same driver. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [February 15, 2010, 11:48pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/85 "2010-02-15T23:48:37Z")
> [@carnivorousplant](#): > > Can you still “resist an illegal arrest” in Texas? Texas Penal Code Sec. 38.03. Resisting Arrest, Search, or Transportation. (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another. **(b) It is no defense to prosecution under this section that the arrest or search was unlawful.** (c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor. (d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search. ---
**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:** [February 16, 2010, 1:02am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/86 "2010-02-16T01:02:41Z")
> [@pravnik](#): > > Texas Penal Code Sec. 38.03. Resisting Arrest, Search, or Transportation. > (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another. > **(b) It is no defense to prosecution under this section that the arrest or search was unlawful.** > (c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor. > (d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search. “If Cortez’s gunshots were a response to the sheriff wounding his brother and then shooting at him during an illegal arrest, Cortez had committed no offense under Texas law.” [Gregorio Cotez](http://www.encyclopedia.com/doc/1G2-3498200118.html) has interested me. ---
**Author:** ![flunkycarter](https://avatars.discourse-cdn.com/v4/letter/f/b3f665/32.png) [@flunkycarter](https://boards.straightdope.com/u/flunkycarter)\ **Post date:** [February 16, 2010, 1:28am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/87 "2010-02-16T01:28:36Z")
> [@bouv](#): > > …I’m confused. If someone had “ill-intent,” why would they bother to knock? 😕 > . Umm is this a serious question? ---
**Author:** ![Erdosain](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/erdosain/32/7284_2.png) [@Erdosain](https://boards.straightdope.com/u/Erdosain)\ **Post date:** [February 16, 2010, 5:59am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/88 "2010-02-16T05:59:34Z")
> [@Washoe](#): > > Now I’ve seen everything. Dumbass placed a (legitimate) phone order last night for two large pizzas, and we delivered them to him. :rolleyes: We did not, however, send the same driver. He’s been thinking about those pizzas since October. Maybe you should have those pranking kids order some more unrequested pizzas. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [February 16, 2010, 6:15am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/89 "2010-02-16T06:15:06Z")
I asked around tonight to see if anything unusual had gone down at Dumbass’ house. Turns out the driver was the LAPD officer’s buddy, who got a job there a couple of weeks ago, and who’s a fledgling Chippie (as in still trying to get into the academy—he’s presently a rent-a-cop by day). He called LAPD guy right after he made the delivery and said “guess who I just delivered to—your buddy over on Bridgett Ave. Fucker gave me a fifteen cent tip and slammed the door in my face.” LAPD guy told me tonight that he wouldn’t even have let the driver make the delivery if he had been there and had known about it. His only comment was “I would have just shit on his pizza and delivered it myself.” ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [February 16, 2010, 6:55am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/90 "2010-02-16T06:55:01Z")
> [@Washoe](#): > > Well, our driver happens to be an off-duty LAPD officer who’s also trying to make ends meet in these troubling times. . I doubt this. :dubious:Off-Duty cops have all the security gigs they want, at $35-50 an hour. I agree with **Starving Artist.** Do you have a newspaper cite? ---
**Author:** ![LouisB](https://avatars.discourse-cdn.com/v4/letter/l/dfb087/32.png) [@LouisB](https://boards.straightdope.com/u/LouisB)\ **Post date:** [February 16, 2010, 10:47am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/91 "2010-02-16T10:47:14Z")
> [@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. > > \ IIRC, brandishing a weapon and/or threatening someone (anyone) with a weapon is an automatic felony in Florida. It carries a mandatory jail sentence, along with a fine, automatic permanent confiscation of weapon and loss of CCW (if one exists.) I’ve been given to understand that similar laws exist in most states. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [February 16, 2010, 12:29pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/92 "2010-02-16T12:29:02Z")
> [@DrDeth](#): > > I doubt this. :dubious:Off-Duty cops have all the security gigs they want, at $35-50 an hour. I agree with **Starving Artist.** Do you have a newspaper cite? In some places they started cracking down on how many hours of security work a police officer could do. Back in the 80s and 90s this was a problem in New Orleans. These officers were amongst the lowest paid in the country and many of them came to view security gigs as being their primary occupation. ---
**Author:** ![ExTank](https://avatars.discourse-cdn.com/v4/letter/e/35a633/32.png) [@ExTank](https://boards.straightdope.com/u/ExTank)\ **Post date:** [February 17, 2010, 12:09am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/93 "2010-02-17T00:09:04Z")
> [@LouisB](#): > > IIRC, brandishing a weapon and/or threatening someone (anyone) with a weapon is an automatic felony in Florida. It carries a mandatory jail sentence, along with a fine, automatic permanent confiscation of weapon and loss of CCW (if one exists.) I’ve been given to understand that similar laws exist in most states. Had to go back and re-read to see what was being said to whom about what. Note that I also said this, too: > [@ExTank](#): > > Well, there are legitimate reasons to point a gun at someone; hyperbole aside, I can’t think of any U.S. jurisdiction that would allow you to point a gun at a pizza delivery person, even if you didn’t order a pizza. Honest mistakes do happen, as in, “Sorry, you want 123 Oak _Lane_, this is 123 Oak _Road_.” > > So, if I were on this guy’s jury, I would agree that the charge of “pointing-gun-at-cop” is unjustified, but if it were that or let some paranoid, gun-toting loon\* go free, I would think real hard on the matter. > > \*I say this as an ardent gun-rights supporter. But I don’t support irresponsibility. When it happens, I say “Book 'em!” In your case, I was saying that the charge “threatening a peace office” (which carries a more severe charge/punishment than doing same to an ordinary citizen) probably shouldn’t be applied, as at the time of the incident, the off-duty cop/delivery guy was not in uniform, and had no other law enforcement credentials to confirm his identity. Maybe it’s just me, but depending on the situation, I might be skeptical of an unsubstantiated claim by someone that they were law enforcement. I agree that some sort of “threatening/brandishing” charge would apply to the homeowner. Dude got lucky. Judge was way nicer than I would’ve been were I on the jury. ETA: Never mind. Not that important. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [February 17, 2010, 12:21am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/94 "2010-02-17T00:21:29Z")
> [@carnivorousplant](#): > > Does that count if the policeman was out of uniform? > > Yeah, yeah, I know, that’s why we have juries. 🙂 Don’t get me wrong. I think the guy acted poorly. But if he did not KNOW it was a police officer, I dont see why there should be any bonus punishment because it happened to be a police officer who wasnt in uniform, wasnt acting in a police capacity, and probably didnt tell the dude he was an officer till after the fact. ---
**Author:** ![bengangmo](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@bengangmo](https://boards.straightdope.com/u/bengangmo)\ **Post date:** [February 17, 2010, 12:33am UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/95 "2010-02-17T00:33:20Z")
> [@Rack-a-Bones](#): > > Anecdote having no real bearing on the thread: I was once approached by a person in plain clothes, told they were with the ABC\*, and asked for my ID. I told him I wanted to see his ID first. He was none to pleased but showed me a badge and photo. They were just out doing spot checks on local bodegas. > > . My brother did this - after a night out my car was broken into, documents stolen and for whatever reason uniforms came looking for me. Drunk brother, without getting out of bed, asked for them to pass id through the bedroom window - cops were still laughing about it while talking to me, thought it was a great joke 🙂 ---
**Author:** ![Projammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/projammer/32/559_2.png) [@Projammer](https://boards.straightdope.com/u/Projammer)\ **Post date:** [February 17, 2010, 5:30pm UTC](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789/96 "2010-02-17T17:30:20Z")
So what happens if someone identifies themselves as law enforcement but has no ID proving it. But is in fact a LEO. Say in a scenario where an officer would have standing but you could tell a civilian to pound sand. Maybe asking for your identification as a witness to a crime or something. [Previous page](https://boards.straightdope.com/t/wrong-guy-to-pull-a-gun-on-dumbass/512789.md?page=4)