Is a toy gun a deadly weapon?
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Is a toy gun a deadly weapon?
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If you feel a toy gun built as manufactures and all orange implements in place is a possible deadly weapon? than could a tire iron be one if the person is 50 feet away?...can a deadly weapon be used over the phone? the law is not so vivid here. Yes some one can be scared by a toy gun but if the gun is not built or made to fire or inflict injury is it Truly deadly? Are kids then liable for pointing guns at adults or cops as aggravated?...
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Captain Falcon
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Well that would be saying that a toy sword is a deadly weapon. |
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rejectedzipper
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A legal charge would only use the phrase "deadly weapon" if there was either an assault or an attempted assault with an article that could inflict physical damage on the victim.
So that would include a knife, hatchet, sword, club and a functioning firearm (not a toy - unless you struck them with it)
If you gesture with a toy gun and your victim is traumatized that is still assault, how would one use a weapon over the phone? Say Ï have a gun here and I'm gonna shoot you with it"? That is issuing threats.
If you are 50 feet away and waving the tire iron that is also issuing threats until you either throw the thing or move closer to use it, then it becomes progressively attempted assault and finally assault with a deadly weapon.
The bottom line is, kids pointing real or toy guns at cops are gonna get big trouble (and could even get shot) and the courts take a dim view of any kind of threat of violence against the person, especially when a verbal disagreement becomes physical. |
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Red Devil
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If you point a toy gun at a cop you are not liable, You Are Dead !
Toy guns can look like real guns and the cops will say their lives were threatened. |
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Jerry H
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The character of an assault charge depends on the victim's state of mind. If the victim thinks the gun is real, then the charge is assault with a deadly weapon, regardless of whether or not it's a toy. |
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