5 ms·

Also could be civil assault

• User23 4y ago
  There’s a wide misconception that assault is an act if violence but legally it’s merely the unlawful threat of violence, which is of course implied by actual unlawful violence. Unholstering or otherwise displaying a firearm is assault by definition unless there’s a justifiable reason to do so. Edit: re: assault: https://www.findlaw.com/criminal/criminal-charges/assault-and-battery-overview.html https://www.findlaw.com/criminal/criminal-charges/assault-an... “In most states, an assault or battery is committed when one person physically strikes or attempts to physically strike another, or when they act in a threatening manner to put another in fear of immediate harm.”
  • staticautomatic 4y ago
    Maybe. Depending on the state I’d bet there’s common law saying otherwise.
  • staticautomatic 4y ago
    Re: your edit, point is that doesn’t necessarily mean unholstering a weapon is assault as a matter of law.