Don't use your firearm to stop the music...

[INyooper]

So, a friend of mine in the Fort Wayne area is a musician and electronics sort of guy who was spending some quality time in his garage testing out some of this guitar pedal designs when he had a visitor stop by to complain about the noise (okay, so one person's music is another person's noise ...but that's no the point).

My friend was quite apologetic and said he was wrapping things up and told his visitor there was no reason to call the police.

The guy responded by displaying his pistol and saying: "Oh, I wont call the police, next time I'll come back and level this place."

While IANAL, I believe a crime was committed here (and I'm not speaking of the quality of music, to be sure). While I don't think Indiana has brandishing laws, I do think there some sort of threat or intimidation at play; certainly the use of force is nowhere near "reasonable."

Long and short of it, I can't imagine the complainant being an INGO member but, if it was you ...really??? That's certainly a mature and healthy image to portray to others about Indiana gun owners, and gun owners in general. (no purple text needed)

I did advise my musician friend that he might want to contact the police. I'm not sure if he will or not, but he did (jokingly) ask me to come over for a garage jam session ...he's well aware of my firearms and that I OC. Think I'll pass on the offer, nonetheless.

 

[Bunnykid68]

He should call the police

 

[canav844]

+1 On calling the police. By the account that was posted there was one or more things that need to be addressed.

 

[NapalmFTW]

It's clearly intimidation. No ifs, no buts.

Check out the IC on this.
http://www.ai.org/legislative/ic/code/title35/ar45/ch2.html

IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:
(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
(iv) is an employee of a school corporation;
(v) is a community policing volunteer;
(vi) is an employee of a court;
(vii) is an employee of a probation department; or
(viii) is an employee of a community corrections program.
(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and

(2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
(c) "Threat" means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
(2) unlawfully subject a person to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
(7) falsely harm the credit or business reputation of the person threatened; or
(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.71; Acts 1981, P.L.300, SEC.3; P.L.183-1984, SEC.6; P.L.325-1985, SEC.1; P.L.242-1993, SEC.3; P.L.164-1993, SEC.12; P.L.1-1994, SEC.169; P.L.241-2001, SEC.3; P.L.175-2003, SEC.3; P.L.3-2006, SEC.2.

 

[fullmetaljesus]

Most def call the cops on this one. You can file a report and if the visitor continues to do it, continue to call the cops and file a report, this will set a pattern of behavior so when it comes time get lawyer up you can prove it is more than just a one off occurrence.

 

[Indy_Guy_77]

Yep. Have him call Johnny Law post-haste.

-J-

 

[remman]

Completely irrelevant, but this is what came to mind when I read your thread title:

[ame]http://www.youtube.com/watch?v=7VKdwx5AB5k[/ame]

 

[85t5mcss]

Agreed. From what you posted it is a blatant threat. Call the police, get the paperwork to back up anything that may happen in the future.

And make sure he keeps his awareness level high.

 

[eldirector]

Just in case you (or your friend) doesn't pay attention to the above posts:
- this is 100% intimidation, and a felony.
- File a complaint with the local PD post-haste. Preferably have an officer come to the house, so your friend can point out the neighbor.

No way it is an INGO member! We are WAY smarter than that. Right?

 

[jon5212]

So... neighbor or not... comes onto your friends property and starts waving a gun... seems to me that is trespassing, along with threatening your friend's property and life... I would probably have had to draw on him and called 911.

Just my 2 cents... I'm having a baby come november and I'll be damned if someone comes on my property and endangers my family.

 

[buckstopshere]

Agreed on calling 5-0. Sounds like your friend isn't a gun owner. This may be a good opportunity to talk with him about it. Maybe he's not ready to carry but having something in his house that he is trained and comfortable using may save his life some day.

 

[finn]

I think that calling the police is the correct call. The problem is after the police leave and your buddy is in bed or not home, what will this knucklehead do? We have had a similar problem in our neighborhood and the folks that called the police came out to 4 flat tires. When they called the police to report it they were told that if they didn't see the guy do it that they couldn't charge him.

 

[griffin]

Call the police. Need to get a paper trail started ASAP.

 

[INyooper]

Thanks for all the advice; I'll pass the information on to him ...and, yeah, he's not a firearms owner; think the deadliest weapon he's got is a drum stick ...or a mic stand with a heavy base (which can actually do some serious damage, up close). Anyway, maybe I'll invite him out to a day at the range, though our schedules don't often sync (fwiw, the drummer in the band I'm with got me back into firearms a few years ago).

The other thing I think of after reading the responses are his kids. I don't know if the anti-music gunman was serious or full of bravado, but he most definitely threatened the entire household in his remark.

Thanks again for the replies. I'll post a followup if I hear of any developments.

 

[JohnP82]

Wow, not cool! I would for sure contact the police and file a report.
I hope all goes well for your friend and there are no more instances.

 

[JetGirl]

Yep, document it and get it on record. Next week when he comes back "displaying his gun" griping about the color of your friend's shoes or the number of blades of grass in his front yard, there will be record that he's the instigating troublemaker.
By the way;

The guy responded by displaying his pistol and saying

<snip>

he's well aware of my firearms and that I OC.

Were you OCing at the time of his "display"? (And if so, did he see it?)

 

[goinggreyfast]

Were you OCing at the time of his "display"? (And if so, did he see it?)

I don't think the OP was there at the time JG.

 

[Bang-bang]

File with the local PD, NOW! Set up cameras, now! yes it's gonna cost you lots of cash, but you have a crazy person on your hands.

 

[jgreiner]

Call the cops. All the gun community needs is another loose cannon running around threatening folks with a gun. This guy shouldn't be caryring, and shouldn't HAVE a weapon.

 

[JetGirl]

I don't think the OP was there at the time JG.

Ah. It was written as if he'd witnessed it (from my point of view).
My bad.
Carry on.