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Can you provide some additional facts to put this into context?
Also, is there a specific question I could assist you with?
1. Is the threat, laced with I have a gun, an illegal act, a crime punishable by law?
"I have a gun" isn't necessarily a threat. What else did they say or do?
Also what state are you in?
As indicated earlier, Minnesota. He said something like, here is a line, don't cross it. I'll have my gun next time.
The exact wording will make a huge difference.
Let em find the exact MN statute for you.
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.
She feels threatened.
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
However, MN has a separate statute for just displaying a weapon and I'm trying to find that one.
I've even found the one that addresses displaying a toy or replica gun, which is Terroristic Threat.
Can she get an order to evict him from the property, and get the sheriff to help deliver the eviction notice to him?
It would likely be covered by Coercion, which is at https://www.revisor.mn.gov/statutes/?id=609.27
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.
Is he a renter?
He is her son, wife with him, occupying rent-free, nothing written down in way of agreement.
She would still have to evict then. Has she considered calling the police and reporting the conduct?
Considered, at my urging, but has not done so. The whole thing is hard to believe. Thanks for your help.
You're very welcome, that's the steps she has to go through.
Protective order, then eviction.
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