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How serious an offense it it in America to point an unloaded gun at someone? what is the name of the crime?

Update:

It is just a hypothetical question, I am from the UK

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  • Anonymous
    1 decade ago
    Favorite Answer

    It is called assult with a deadly weapon and it is a felony that can lead to a long prison term.

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  • 1 decade ago

    Different jurisdictions have different terms based upon the law that is written to cover such an offense. However, it boils down to Assault With a Deadly Weapon.

    The person the weapon is pointed at does not know if the weapon is loaded or unloaded so the charge is the same. The crime is a felony in every state I've ever worked in.

    What you have to consider is the fear it causes the person the weapon is pointed at or what the fear would reasonably be; meaning what fear a reasonable person would feel.

    As a hypothetical example, if you were to point a firearm, unloaded/loaded or even something that looks like a firearm but isn't, at a police officer then he or she would be within their rights to use deadly force (discharging their weapon) against you. Hopefully this illustrates just how serious it is.

    Source(s): 15 years in local and federal law enforcement combined.
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  • 1 decade ago

    If you point it with the implication of aiming at someone to shoot, then it's pretty serious. It would be considered "Assault with a deadly weapon" unless there are other circumstances that would add to those charges or intensify them.

    It's different if you're asking about etiquette though. Basically, it's never okay to point a gun at someone, seriously or otherwise. While cleaning your gun, an instance in which it should be unloaded, you still are expected to keep it pointed away from yourself and other people. It's beyond rude to allow your gun to be pointed in the direction of another person, even while cleaning.

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  • 1 decade ago

    I can only speak for one state, but almost all of the answers given so far are incorrect, at least in this area. In Texas, the mere act with no other circumstances involved is called Deadly Conduct and is a Class A Misdemeanor. There is no assaultive offense unless there is an imminent threat of bodily injury but it can be an enhancement to several offenses including robbery, burglary, etc.

    Source(s): Texas Penal Code
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  • 1 decade ago

    In Indiana it is called Attempted Battery With a Deadly Weapon., It can be either a Class C or D Felony, carrying a penalty of fro 6 - 20 years in prison

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  • jen
    Lv 4
    1 decade ago

    loaded or unloaded-it doesn't make a difference. It is legally the same as pointing a loaded gun at someone!

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  • 1 decade ago

    It is known as Aggravated Assault w/ a Deadly Weapon and is known a serious violent crime that has an added implications to a prison sentence.

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  • Anonymous
    1 decade ago

    Anything from Assault with a Deadly Weapon to Reckless Endangerment, depending on the mood of the DA. It is pretty serious.

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  • Anonymous
    1 decade ago

    Point an unloaded gun at me and I will shoot you. I would not know whether or not it was loaded and would have to assume it was.

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  • 1 decade ago

    Gun Safety....there is never such a things as an "unloaded gun"

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