§ 16-11-102 - Pointing or aiming gun or pistol at another O.C.G.A. As protesters marched to St. Louis, Missouri, mayor Lyda Krewson’s home to demand her resignation, video captured a couple, identified as Mark and Patricia McCloskey, each pointing a gun … 2nd Degree Assault Charges– Class B or C Felony. 16-11-102 (2010) 16-11-102. Actually, in Missouri you cannot use force to remove a tresspasser. Under Missouri law, ... For Example, merely pointing a gun at someone, coupled with threats to kill does not constitute assault in the first degree. It depends entirely on why you are pointing the gun at someone. Last month, video and images of a middle-aged white couple in St. Louis went viral.The couple, later identified as Mark and Patricia McCloskey, could be seen pointing guns … "It's not clear if the guns were loaded. If he attacks you without provacation, then you can use as much force as you reasonably believe to be necessary to defend yourself, but you still can’t use fore to eject him. If done without just cause, it is considered brandishing and is illegal. Claim: Demonstrator pointing a 'weapon' at St. Louis homeowners "At one point, a barefoot Patricia, whose law firm bio says she is a member of the Missouri Bar Association ethical review panel, crosses the lawn and stumbles briefly while she has her gun aimed at protesters," The Riverfront Times reports. Assault in the second degree can be committed in a variety of ways. Video of Mark and Patricia McCloskey, pointing guns at protesters outside their palatial home in a private community in St. Louis on June 28 has circulated widely. So figuring out whether just pointing a gun at a trespasser is a crime can depend on a variety of factors, including how your state criminal statutes are worded, whether the trespasser was in your home or merely on your property, whether you reasonably fear great bodily harm or death, and even how threatened the trespasser felt at the time. Mark McCloskey and Patricia McCloskey are a St. Louis couple who were seen pointing guns at protesters who were walking by their home in St. Louis, Missouri, on … You can use force to arrest him for criminal tresspass though. You can be charged with a Class E felony if you give or sell a gun to someone who meets that description. “The part that I would be concerned about is pointing a gun at somebody,” he said. Missouri law doesn’t specifically make it a crime for minors (under age 18) to have guns. “You can’t shoot somebody over a property crime. But it is legal if done in direct response to a threat. 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