- Joined
- Dec 15, 2009
- Messages
- 12,008
- Reaction score
- 9,396
- Location
- NW USA
- Gender
- Male
- Political Leaning
- Undisclosed
Depends on the circumstances. Simply saying "I have a gun" is not assault nor justification for attack by itself. Saying "I have a gun and I'm willing to use it" isn't necessarily assault unless it is accompanied by other threat behavior of a criminal nature.
To be assault, there must be a clear threat, that is an expression of intent or jeopardy behavior; there must be or be reasonably believed to be Ability to carry it out; there must be Opportunity to do so as well.
"I have a gun" is not usually going to be considered a clear threat, absent other factors.
Is there any evidence Z did any of this anyway?
There isn't any audio recordings that I know of recording their conversation. I did hear Zimmermans call and he appears in a disgusted pissed mood but maybe he calmed down by the time the two met, I simply don't know.
My questioning is in regard to what one perceives as a dangerous threat to one. It will vary from person to person. Have had people tell me about a dangerous part of town that I have walked through and could not feel any danger at all. When younger have been in fights but never felt I was in danger of being killed, just getting my ass kicked. In another time have had been thrown into a scenario where a criminal had a gun and I could not see him but I was lit up in lights and I suddently felt the blood leave my legs.
This even goes back to the guy named Bernie who shot and killed the youths on the subway who asked for $5 from him. They did not have weapons but for him he felt threatened.
This is such a gray area of determining if one's perception of feeling in danger. You could say both men that night felt in danger at some point.