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Missouri man charged after cops say he used handgun as hammer

Law abider

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Aug 17, 2011
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Oh for Pete's sake a CCl holder uses gun butt as a hammer to tack a board on school grounds. The school has no hammers for him to borrow? Now CCL classes will have to add this example to a list of examples describing illegal use of guns: 'Please Do Not Use Your Gun As A Hammer.' 'Please Do Not Pistol Whip Someone.' etc...

He could have cocked the hammer...bang! Please drive the 'stupid' out of the brains. Unbelievable.

http://www.semissourian.com/story/2288980.html
 

Citizen

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<chuckle>

Well, many guns do come with hammers. Even those without hammers have strikers.

So, what's the problem? :)


How many times have we heard about gun enthusiasts, "When all you have is a hammer, every problem looks like a nail." Now, suddenly using a gun to drive a real nail is a problem? Sheesh! Some people just can't be satisfied. :)



C'mon, fellas. Lets hammer this out amongst ourselves. We gotta nail down the main concerns. :):p
 
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solus

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<chuckle>
Well, many guns do come with hammers. Even those without hammers have strikers.
So, what's the problem? :)
How many times have we heard about gun enthusiasts, "When all you have is a hammer, every problem looks like a nail." Now, suddenly using a gun to drive a real nail is a problem? Sheesh! Some people just can't be satisfied. :)
C'mon, fellas. Lets hammer this out amongst ourselves. We gotta nail down the main concerns. :):p


punny you...now to your bad boy corner and think about what you did...(said humm'g pete Seeger's tune from 1956...)

ipse
 
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Rusty Young Man

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Árida Zona
<chuckle>

Well, many guns do come with hammers. Even those without hammers have strikers.

So, what's the problem? :)

How many times have we heard about gun enthusiasts, "When all you have is a hammer, every problem looks like a nail." Now, suddenly using a gun to drive a real nail is a problem? Sheesh! Some people just can't be satisfied. :)

C'mon, fellas. Lets hammer this out amongst ourselves. We gotta nail down the main concerns. :):p

I don't know. It seems like this guy is screwed. He should have bolted out of there and retrieved a hammer from home, you know, to avoid the nuts making him out to be a criminal.
 

Citizen

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punny you...now to your bad boy corner and think about what you did...(said humm'g pete Seeger's tune from 1956...)

ipse

I'm not sure I get your drift. Are you trying to pin me down and restrict me? :):p

I'm waiting for an answer. (tap) (tap) (tap). :):):p:p
 
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MAC702

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Some folks are just handy with a gun. Makes for a riveting topic
 

solus

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OMG enough with the nail gun jokes...they are all too common...besides the coppers don't make mistakes, often.

ipse
 

MAC702

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Make sure to us copper nails when nailing coppers:

4-flashing-nailed.jpg
 
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dkangel

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Apr 19, 2010
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Wildwood, Missouri, USA
".... charged after bringing firearm to a school, in violation of MO Code Section 571.030.1" since his use of it as a hammer had nothing to do with anything.

Actually no his crime was and should be brandishing the weapon not the fact that he had a concealed weapon on him. In either case it was a stupid thing to do:

"(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board; or ..."

Later followed by:

"4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry permit issued pursuant to sections 571.101 to 571.121, a valid concealed carry endorsement issued before August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state. "
 
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dkangel

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Wildwood, Missouri, USA
Thank you for the correction.

By the way... what is the MO Code section on brandishing and how does it apply in this situation?

571.107.1 section (10)

(10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

Brandished is mentioned pretty much everywhere throughout the 571.107.1. The fact that he brandished it makes it a criminal offense.
 

OC for ME

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Thank you for the correction.

By the way... what is the MO Code section on brandishing and how does it apply in this situation?
RSMo 571.030.1(4) is what many could describe as our "brandishing" definition in RSMo.

http://moga.mo.gov/mostatutes/stathtml/57100000301.html?&me=571.030

The term "brandished" is used only in 571.107 and no where else. Brandishing or brandish is not used anywhere in RSMo.

Missouri seems to have it right, police response to a unholstered handgun is a different topic, the citizen must be found to have exhibited the firearm "in an angry or threatening manner." The plain reading of the statute would(should) not make it a violation to unholster a firearm for any non-threatening purpose. Resting you hand on your holstered firearm is not a violation under the language of the statute.
 
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