Minneapolis, MN asked in Criminal Law and Federal Crimes for Minnesota

Q: If someone brandished a loaded magazine at me instead of their actual firearm... would they still be guilty of a felony?

I feel like they would be because "brandishing" isn't necessarily tied to a firearm as far as I could tell.

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2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: If you threaten some on with a weapon capable of causing harm, that could expose you to the possibility of facing a criminal charge. Since a magazine is not a weapon or capable of causing harm, it's difficult to imagine a scenario where a person holding a magazine could be the basis for an assault charge.

Jonathan Matthew Holson agrees with this answer

Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: If someone brandished a loaded magazine at you, instead of their actual firearm, they could be guilty of a felony, but additional elements would be needed.

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