this post was submitted on 07 Aug 2024
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Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.
Punishment (2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; https://laws-lois.justice.gc.ca/eng/acts/c-46/page-15.html#:~:text=86%20(1)%20Every%20person%20commits,for%20the%20safety%20of%20other
It is also a felony in the states, and against the law in most countries.
The fact that the person had criminally trespassed, made no due announcement of their presence and was attempting to enter her property absolutely falls within acceptable brandishment in all states of the Union. There is no question that brandishing a firearm in that situation is with lawful excuse.
Now, if she had pulled the trigger, had an unlicensed or illegal firearm in her state, or sought after the fleeing person, then there's an argument that she commited a crime.
I am not a lawyer. But every state in the u.s. has different laws, about stand your ground. Even in Canada we are only allowed to use as much force as they use against us.
Brandishing a weapon and firing it are two completely different things. I would advise caution on making suggestions to people that live in a country whose laws you are not directly familiar with.
Make special note of "lawful excuse"
He was attempting to break down my door. According to the castle doctrine, I could have defended myself in that instance if he would have made it across the threshold. I had my weapon at the ready when he opened my front door without permission. Then he retreated. I called the cops and reported it. Filed a report. The cop said I did everything right.