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KS Gun Laws

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cbg

I'm a Northern Girl
I am asking, not arguing.

Given that the repo man was involved in lawful activity (for the purpose of my question, let's take it for granted that he was), is there ANY state where pointing a gun at him would not be a crime of some sort? Don't even stand-your-ground or castle-doctrine states require illegal activity?
 


quincy

Senior Member
I am asking, not arguing.

Given that the repo man was involved in lawful activity (for the purpose of my question, let's take it for granted that he was), is there ANY state where pointing a gun at him would not be a crime of some sort? Don't even stand-your-ground or castle-doctrine states require illegal activity?
The illegal activity could be pointing the gun, putting someone in fear for their safety.

I don't understand your question. :)
 

cbg

I'm a Northern Girl
I'll restate the question.

In what, if any, states would it be legal to point a gun at the repo man, as long as we assume that the repo man was engaged in legal activity?
 

quincy

Senior Member
I'll restate the question.

In what, if any, states would it be legal to point a gun at the repo man, as long as we assume that the repo man was engaged in legal activity?
No state, to my knowledge.

It would be considered "assault" (or a state variation) to point a gun at a person who had a legal reason to be where he was.

This is assuming the repo man did not have to open any gate or garage to hook up the vehicle.

I suppose the neighbor could try to claim "self defense" if the repo man pointed a gun at him, though. But apparently the gun was used to stop a dog attack and was not pointed at the homeowner.
 

FlyingRon

Senior Member
Kansas "Castle" doctrine requires entry into the domicile. The law allows use of force against other unlawful acts, which this doesn't appear to be. Someone repoing a car that's in the open or waving a gun at a dog, is NOT an unlawful act. As I said there's no "brandishing" statute. If you do something with your gun that makes another fear he will be harmed, that's aggravated assault.
 

cbg

I'm a Northern Girl
Don't know if you're responding to me, Ron, but I understand that the repo man was legal and I understand why the act with the gun was criminal. What I was trying to determine was whether there were any circumstances, assuming the same legal act by the repo man, that the act with the gun would not be criminal.
 

quincy

Senior Member
Don't know if you're responding to me, Ron, but I understand that the repo man was legal and I understand why the act with the gun was criminal. What I was trying to determine was whether there were any circumstances, assuming the same legal act by the repo man, that the act with the gun would not be criminal.
It could be a defense (possibly in Texas :)) for a homeowner to point a gun at a repo man if the homeowner believed the repo man was a car thief.
 
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LdiJ

Senior Member
It could be a defense (possibly in Texas :)) for a homeowner to point a gun at a repo man if the homeowner believed the repo man was a car thief.
I have another question. The repo man did have a gun pulled. If the homeowner did not realize that the gun was only pointed at the dog and was actually in fear for his own life, wouldn't that make a difference? I also think that a repo man is crazy to carry a gun. That just escalates an already tense situation.
 

quincy

Senior Member
I have another question. The repo man did have a gun pulled. If the homeowner did not realize that the gun was only pointed at the dog and was actually in fear for his own life, wouldn't that make a difference? I also think that a repo man is crazy to carry a gun. That just escalates an already tense situation.
Repo guys are probably smart to carry guns. I imagine it is not the safest of occupations.

I suppose the homeowner if charged with assault for pointing a gun at the repo man could use self-defense as a defense. Although an argument could be made that he (and his dog) should have remained inside and called the police instead, this if he really believed his car was being stolen rather than repo-ed.
 
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