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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26761
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Family member threatens, saying I have a gun!

Resolved Question:

Family member threatens, saying I have a gun!
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 11 months ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Can you provide some additional facts to put this into context?

JD 1992 :

Also, is there a specific question I could assist you with?

Customer:

1. Is the threat, laced with I have a gun, an illegal act, a crime punishable by law?

JD 1992 :

"I have a gun" isn't necessarily a threat. What else did they say or do?

JD 1992 :

Also what state are you in?

Customer:

As indicated earlier, Minnesota. He said something like, here is a line, don't cross it. I'll have my gun next time.

JD 1992 :

The exact wording will make a huge difference.

JD 1992 :

Let em find the exact MN statute for you.

Customer:

I understand. Projecting, if she enters the property and he shows gun and says you must leave, is that a criminal act on his part? Realize that SHE owns the property.

Customer:

She feels threatened.

JD 1992 :

Under those facts it would be a crime. There are a number of them that could fit, and again the exact wording would make a huge difference. Most states have a statute that discusses displaying a weapon as a part of the same crime as pointing a weapon at someone. Pointing a weapon is a violation of 609.66, which you can see at https://www.revisor.mn.gov/statutes/?id=609.66

JD 1992 :

However, MN has a separate statute for just displaying a weapon and I'm trying to find that one.

JD 1992 :

I've even found the one that addresses displaying a toy or replica gun, which is Terroristic Threat.

Customer:

Can she get an order to evict him from the property, and get the sheriff to help deliver the eviction notice to him?

JD 1992 :

It would likely be covered by Coercion, which is at https://www.revisor.mn.gov/statutes/?id=609.27

JD 1992 :

She can, but evicting someone takes time. What she would need to do is get a protective order which orders him to leave the property and stay away from her. She can then file to evict him and have him served by the Sheriff.

JD 1992 :

Is he a renter?

Customer:

He is her son, wife with him, occupying rent-free, nothing written down in way of agreement.

JD 1992 :

She would still have to evict then. Has she considered calling the police and reporting the conduct?

Customer:

Considered, at my urging, but has not done so. The whole thing is hard to believe. Thanks for your help.

JD 1992 :

You're very welcome, that's the steps she has to go through.

JD 1992 :

Protective order, then eviction.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26761
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 4 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 11 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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