Prosecutors said Johnson was intentionally brandishing his weapon at five officers conducting rooftop surveillance, while the defense said he was only using his flashlight to see who was up there. [More]
Maybe he was, but all things considered, it sounds like he’s lucky they didn’t light him up.
Why this is a federal case is another matter altogether.
This is a problem with Weapon Mounted Lights.
If that’s the only light source you have, you are pointing a gun at anyone you light up with it.
While in room clearing, or similar situations, this may be acceptable, if you light up the wrong person, in the wrong place, you could be violating state law by pointing your firearm at another person and you could invoke a violent response as that person responds to a threat to their person by using their own firearm in defense of a perceived threat.
NC General Statutes § 14-34. Assaulting by pointing gun.
If any person shall point any gun or pistol at any person, either in fun or otherwise, whether
such gun or pistol be loaded or not loaded, he shall be guilty of a Class A1 misdemeanor.
(1889, c. 527; Rev., s. 3622; C.S., s. 4216; 1969, c. 618, s. 2 1/2; 1993, c. 539, s. 17; 1994, Ex.
Sess., c. 24, s. 14(c); 1995, c. 507, s. 19.5(d).)
SC Code Of Laws
SECTION 16-23-410. Pointing firearm at another person.
It is unlawful for a person to present or point at another person a loaded or unloaded firearm.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances.
HISTORY: 1962 Code Section 16-141; 1952 Code Section 16-141; 1942 Code Section 1119; 1932 Code Section 1119; Cr. C. ’22 Section 17; Cr. C. ’12 Section 162; 1910 (26) 694; 1993 Act No. 184, Section 46.
Official Code of Georgia Annotated § 16-11-102
Under O.C.G.A. §16-11-102, it is illegal to intentionally and without legal justification point or aim a gun or pistol at another. It is immaterial whether the gun or pistol is loaded or unloaded.