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re: My Brother In Law caught his 16 y/o daughter parking with her boyfriend

Posted on 1/7/18 at 2:07 am to
Posted by DownSouthCrawfish
Simcoe Strip - He/Him/Helicopter
Member since Oct 2011
36489 posts
Posted on 1/7/18 at 2:07 am to
Parking?
Posted by EyeTwentyNole
Member since Mar 2015
4199 posts
Posted on 1/7/18 at 2:08 am to
So the BIL was dumb enough to actually believe they were going to McD's for a milkshake, then when he found out they weren't he puts a glock in his waistband. Sounds like a solid dude
Posted by dbuchanon
Member since Nov 2014
19837 posts
Posted on 1/7/18 at 2:09 am to
quote:

if I did your BiL would be getting a visit from the police.


For what, exactly?
Posted by achenator
Member since Oct 2014
2957 posts
Posted on 1/7/18 at 2:10 am to
Does your BIL live in the Sanctuary in Mandeville?
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 1/7/18 at 2:10 am to
Assault.

Or if I was in a really bad mood reckless endangerment with a firearm.

Showing someone a pistol tucked in a belt, not in a holster, for ANY reason, and in this case intimidation, is a horrendous no no in Louisiana.
This post was edited on 1/7/18 at 2:14 am
Posted by dbuchanon
Member since Nov 2014
19837 posts
Posted on 1/7/18 at 2:13 am to
quote:

Assault.



He didnt touch him, just stood there with a holstered gun. How is that assault?
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 1/7/18 at 2:15 am to
quote:

He didnt touch him, just stood there with a holstered gun. How is that assault?


You are mixing up assault and battery.

Battery is the contact, assault is the fear of contact. Or attempt to put someone in fear of contact of a battery. Which is exactly what the guy tried to do here.

quote:

holstered


Huge difference in a holstered pistol and one tucked in a belt. The courts have been rather clear on that point a couple of times.
This post was edited on 1/7/18 at 2:17 am
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124694 posts
Posted on 1/7/18 at 2:17 am to
That’s awesome. Love hearing about underage girls hooking up with grown men
Posted by dbuchanon
Member since Nov 2014
19837 posts
Posted on 1/7/18 at 2:19 am to
quote:

reckless endangerment with a firearm.


On His property with a gun he can carry that never was pointed or moved from his hip ect... good luck with that.

Again, he fricked up, but no laws were broken to my knowledge
This post was edited on 1/7/18 at 2:21 am
Posted by GCTiger11
Ocean Springs, MS
Member since Jan 2012
45162 posts
Posted on 1/7/18 at 2:20 am to
trashy
Posted by BamaChick
Terminus
Member since Dec 2008
21393 posts
Posted on 1/7/18 at 2:21 am to
Sounds like he's doing a great job raising a woman with daddy issues who will become a whore.
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 1/7/18 at 2:21 am to
quote:

good luck with that.


Using a gun as an implied threat to a minor?

Yeah bud, you are going down for that. This isn’t the Wild West despite your fantasy that you can do whoever you want on your own property.

I assume you are the BiL? I’d lawyer up. /s
This post was edited on 1/7/18 at 2:23 am
Posted by dbuchanon
Member since Nov 2014
19837 posts
Posted on 1/7/18 at 2:23 am to
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law.

Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 1/7/18 at 2:25 am to
quote:

Common law


So, pro tip, at the very bare minimum, when you quote stuff about Louisiana law, avoid this phrase.

Louisiana doesn’t have Common Law.
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 1/7/18 at 2:26 am to
quote:

threat of bodily harm coupled with an apparent, present ability to cause the harm.


You might want to look up “implied threat,” because the present ability is there, and if he was trying to intimidate the kid, the implication was there.

Louisiana doesn’t have “brandishing” laws, so people often get charged with other firearm crimes when they do exactly what the BiL did.
This post was edited on 1/7/18 at 2:28 am
Posted by dbuchanon
Member since Nov 2014
19837 posts
Posted on 1/7/18 at 2:29 am to
quote:

Using a gun as an implied threat to a minor?

Nothing was said that he threatened him with it or ever touched it. OP said they had a talk.

Yes, if he rolled up saying hey ill blow your frickin head off ect then yeah hes in deep shite. But walking up and talking to him and the gun not being introduced while present is not any type of assault that i know of.

for the 3rd time or 4th at this point. He fricked up. hes a dumbass but cops wont do shite for what happened.
My gf's dad in hs was a prison guard, i cant remember a convo with him when he didnt have his pistol on his person
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 1/7/18 at 2:31 am to
quote:

i cant remember a convo with him when he didnt have his pistol on his person


Again, holstered weapons are TOTALLY different from guns randomly stuck in a waistband. I can only assume the prison guard had either a hip holster or a concealed carry holster?
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 1/7/18 at 2:33 am to
quote:

But walking up and talking to him and the gun not being introduced while present


I thought OP implied the gun was visible. If he had the gun covered by a shirt, and the kid didn’t see it, yeah, nowhere near a crime.
Posted by ShreveportHog94
GodBlessAmerica
Member since Nov 2006
6036 posts
Posted on 1/7/18 at 2:38 am to
Ol boy has probably already smashed your niece several times. I doubt the dumbass move you BIL pulled is going to do any good.
Posted by ShreveportHog94
GodBlessAmerica
Member since Nov 2006
6036 posts
Posted on 1/7/18 at 2:39 am to
And if you need a pistol to intimidate a 16 year old then the wife is probably banging the kid as well.
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