Question about showing a loaded magazine

[LAYGO]

"Well, officer, it fell out of my pocket & I didn't have a chance to put it back in."

[Texsquatch]

Oh, now I get it...

We failed to ask the capacity. Clearly a 10rd mag would be ok, those don't scare anyone and they've been deemed harmless by law. Now, had he waved one of those unholy 30rd monsters, that would be cause for the threatened party to fire a warning shot. I'm not 100% sure what comes next in the gun battle protocol, but I'm farily certain it involves inserting the mag, but not chambering a round and 10 paces or something like that.

[WildBill]

Oh, now I get it...

We failed to ask the capacity. Clearly a 10rd mag would be ok, those don't scare anyone and they've been deemed harmless by law. Now, had he waved one of those unholy 30rd monsters, that would be cause for the threatened party to fire a warning shot. I'm not 100% sure what comes next in the gun battle protocol, but I'm farily certain it involves inserting the mag, but not chambering a round and 10 paces or something like that.

Are you suggesting a "high capacity" threat?

[TomsTXCHL]

Just my take, but waving a magazine, loaded or not, is not all that threatening on its own. Without the gun to stick the mag in, it's essentially an expensive blunt object, and not one very useful for bludgeoning or throwing. All could change depending on what words accompany the mag-waving. Questions like "Do you want me to use this?" and "Do you want some of this?" are, by nature, threatening; using the magazine as a prop in that context would, in my opinion, constitute a verbal threat of deadly force. Waving it around on its own, though, might as well wave a roll of dimes, which would be a MORE effective weapon than a lone magazine, loaded or not.

I honestly do not recall the conversation I had with him all that well, but I believe when he waved it he [told me he said] "this is Texas we're in buddy" or some such, and that was enough, that the guy backed-down from him.

I had thought it was not "an imminent threat of deadly force" but simply "this is a Texan you're dealing with" but I understand how it could be interpreted as the former.

This discussion reminds me of that scene in The Good, the Bad, and the Ugly" where Eli Wallach is threatened in his bathtub, and he gets tired of the bad guy waving his gun around and yammering at him so he shoots him dead with the gun he's kept hidden under the water: "If you're going to shoot, stop talking and shoot!" or words to that effect.

[WildBill]

Just my take, but waving a magazine, loaded or not, is not all that threatening on its own. Without the gun to stick the mag in, it's essentially an expensive blunt object, and not one very useful for bludgeoning or throwing. All could change depending on what words accompany the mag-waving. Questions like "Do you want me to use this?" and "Do you want some of this?" are, by nature, threatening; using the magazine as a prop in that context would, in my opinion, constitute a verbal threat of deadly force. Waving it around on its own, though, might as well wave a roll of dimes, which would be a MORE effective weapon than a lone magazine, loaded or not.

I honestly do not recall the conversation I had with him all that well, but I believe when he waved it he [told me he said] "this is Texas we're in buddy" or some such, and that was enough, that the guy backed-down from him.

I had thought it was not "an imminent threat of deadly force" but simply "this is a Texan you're dealing with" but I understand how it could be interpreted as the former.

This discussion reminds me of that scene in The Good, the Bad, and the Ugly" where Eli Wallach is threatened in his bathtub, and he gets tired of the bad guy waving his gun around and yammering at him so he shoots him dead with the gun he's kept hidden under the water: "If you're going to shoot, stop talking and shoot!" or words to that effect.

[youtube]http://youtube.com/watch?v=sTcBgs2huRo[/youtube]

[TomsTXCHL]

Man you are quick-on-the-draw! Must be why you're WildBill! What a great scene...

[Oldgringo]

Man you are quick-on-the-draw! Must be why you're WildBill! What a great scene...

That movie should be in my mailbox any minute now.

ITMT, what's the difference between waving a magazine in the air and uh, say...a shoe?

[jmra]

Man you are quick-on-the-draw! Must be why you're WildBill! What a great scene...

That movie should be in my mailbox any minute now.

ITMT, what's the difference between waving a magazine in the air and uh, say...a shoe?

Is the shoe loaded?

[Oldgringo]

Man you are quick-on-the-draw! Must be why you're WildBill! What a great scene...

That movie should be in my mailbox any minute now.

ITMT, what's the difference between waving a magazine in the air and uh, say...a shoe?

Is the shoe loaded?

No, but it does have a steel toe.

[jmra]

Man you are quick-on-the-draw! Must be why you're WildBill! What a great scene...

That movie should be in my mailbox any minute now.

ITMT, what's the difference between waving a magazine in the air and uh, say...a shoe?

Is the shoe loaded?

No, but it does have a steel toe.

Then I'd say "not much".