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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33068
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!

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Family member threatens, saying I have a gun!

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.

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