@Lobo: The cousin had no idea that I had a firearm until I turned away to leave. The courts have ruled many times that posession of a firearm, even visibly, is not intimidation.
If you have read the entire thread, at least my postings, you would realize that the charges were dismissed based on a counter-motion that the prosecutor made to our motion to dismiss. This happened after discovery and the cousin, the responding officr, and the investigating officer were all deposed and gave three different versions of what happened.
Thanks for your response, Bill B. I'm sure you don't need patriotpride to speak for you.
I know that the courts have ruled that visible possession of a firearm is not legally intimidation, and I agree with that premise. However, I was merely suggesting that the totality of the circumstances in your encounter suggests that the cousin WAS intimidated by the presence of your firearm. It doesn't sound like you were argumentative or tried to enter their house without permission. Why else would they have called the police, if not for the presence of the firearm?
And I'm not surprised that there were 3 different versions of what happened. You can have 5 witnesses to the exact same event, and you will get 5 different accounts of it later. I am glad that it worked out for you, in the end. But you must admit, a .38 in your pocket, or a jacket over your belt holster, could have potentially saved you from a world of stress.
The fact that you held up your LTCH when the police arrived tells me that you knew that the gun was an issue. The fact that the first question from the officer was about the gun tells me that it was definitely the issue.
The absolute facts of the case are: You went to a stranger's private property, carrying an exposed handgun, and wanted to enter the home with your daughter-in-law. Put yourself in their shoes, and consider the fact that they may not be firearms enthusiasts like we are. What would your reaction be if it was your house, and a stranger with a gun on your porch at midnight?
I still hope that you get your LTCH reinstated, as all charges have been dropped. I'm not saying that you committed a crime. I'm just saying that, given the totality of the circumstances, I can see how their could easily be probable cause for your arrest, at the time of the incident. All it takes is for someone to say, "Yeah, he tried to push his way in," and there you are with a gun on someone else's property. You are automatically behind the 8 ball, so to speak.
An arrest is not based on whether you are guilty or not. It is based only on probable cause, which means that a reasonable person could conclude, from all of the facts available, that you probably committed the offense in question. Notably, residential entry in this case. The "intimidation" charge was BS from the get-go.
I'm just saying that, sometimes, discretion is the better part of valor. That's all.