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Thread: Pointing a firearm
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13-03-2022, 11:10 #11
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13-03-2022, 11:14 #12
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13-03-2022, 11:34 #13
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Re: Pointing a firearm
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Yes, I came out army and craved confrontation, did many stupid things, many. Volunteered for work with Narcotics boys, Illegal firearms dept and any such "exiting" stuff.
I try teach my my boy from every stupid thing I have done.
In regard to OP, there is in my opinion no guarantee's when you engage using a firearm, legal, illegal and interpretation of such is grey and open to abuse and misinterpretation - even popular opinion. Look at the farmers in this regard, arrested, held in prison for what appears absolutely justifiable use of firearms.
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13-03-2022, 11:34 #14
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Re: Pointing a firearm
Thanks for all the answers thus far, many of the answers mention “use” and “self defense” whereas the Act uses the words “good reason” in specific reference to pointing. Would pointing a firearm require the same justifications as firing it? Surely if the legislature intended there be no reason other than self defense to point a firearm “good reason” would be omitted in favor of “private defense”.
The Criminal Procedure Act allows for a citizen in affecting an arrest to use force which is “…reasonably necessary and proportional in the circumstances to overcome the resistance or to prevent the suspect from fleeing…” when would pointing a firearm meet this requirement?
In my hypothetical situation the choice is point the firearm or lose the phone.
Ps: I’m writing this using my phone.
Sent from my iPhone using Tapatalk
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13-03-2022, 11:39 #15
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13-03-2022, 12:02 #16
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Re: Pointing a firearm
I understand what you mean, the "good reason" refers to, to defend your life against an unlawful attack, and remember you cannot defend against property, so by pointing your firearm at the BG that grabbed your phone, that’s NOT good reason because you are now trying to use your firearm to protect/defend property.
The FCA also further states: It is an offence to— (a) cause bodily injury to any person or cause damage to property of any person by negligently using a firearm, an antique firearm or an airgun; (b) discharge or otherwise handle a firearm , an antique firearm or an airgun in a manner likely to injure or endanger the safety or property of any person or with reckless disregard for the safety or property of any person; or (c) have control of a loaded firearm, an antique firearm or an airgun in circumstances where it creates a risk to the safety or property of any person and not to take reasonable precautions to avoid the danger.
Personally, just LOSE THE PHONE.
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13-03-2022, 12:53 #17
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13-03-2022, 13:10 #18
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13-03-2022, 13:11 #19
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Re: Pointing a firearm
You most probably end up in jail and your name changed to Felicity or something like that with our justice system. Insurance is for property. A gun is to defend life, human life. Animals are property as I remember.
What stops the criminal from stating he was fleeing the scene, scared for his life as a guy with a gun was chasing him? He then defended himself against you?
What if you point the guy that just stole your iPhone 13, with your super sexy tricked out SD handgun with a 2.5lb trigger pull and have an AD? I am sorry or Oops aint gonna help you then.
Our laws and justice system are broken. So too is Murphy always around and willing to assist anybody with a accident or mishap. So don’t do it. A gun isn’t a tool to threaten someone or intimidate. Its a weapon meant to kill/take and end life.
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13-03-2022, 13:25 #20
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Re: Pointing a firearm
Pointing of firearm
[37] S V SAM
1980 (4) SA 289
Having parked his car in a street in Hillbrow, Johannesburg, the complainant opened his car, took out certain blankets, which were in his car, and put them into another car which belonged to his employer.
The appellant, a cafe-owner, saw what he was doing and thought that he was committing theft.
He then pointed a firearm at the complainant and held him up until the police arrived.
It then appeared that the appellant had made a mistake since the complainant had not committed any theft: he had removed blankets from the one car to the other with the consent of the owner of the blankets.
On the strength of these facts the appellant was charged in a magistrate's court with contravention of Section 39(1) of the Arms and Ammunition Act 75 of 1969, which made it an offence to point a firearm intentionally at somebody else.
The magistrates convicted him of this offence.
He then appealed to a provincial division against his conviction.
Finding:
In his findings, Justice Myburgh concluded that the appellant believed that he caught a thief red handed and did not have any intention to commit a crime by pointing a firearm at another person.
Appeal was upheld.
The use of FORCE to apprehend a person is illegal; using the firearm to detain and immediately calling the cops shouldn't get you into trouble.
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