Question for LEO

[billybobpd]

I am getting the story second and third hand so bear with me as to the lack of details. Homes in this area are on several acres . There has been talk in the community of marijuana grow houses in the area because of the rural nature of our community . I Mention this because this is background to the story we were told. A neighbor was attempting to retrieve their dog from the back of their property that has a shared fence backing up to the adjoining property. It was recently purchased and the new owner is " reclusive " . When they where getting their dog at this shared chain link fence line , the new neighbor came out of the house , walked out to the fence line and opened his shirt in way that fully showed a firearm in the waist band . No words were spoken. The dog was retrieved . Law enforcement was not called .

My questions . Should law enforcement be called ? Was there a crime or infraction ? He was on his property so does brandishing require it be in his hand ?
I was told there is reluctance to involve Law enforcement out of fear (understandable)

Sorry I don't have more details . Thanks for any information or direction you can provide !

[Rustlin’ Jack]

For reference, here is the California Penal Code section regarding brandishing a weapon:

417.
(a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.

From your description, it does not sound like his actions met the definition of the penal code section. While concerning, at this point it’s more of a question of his motive by obviously letting the neighbor see his firearm.

If this happened to me, I would not involve law-enforcement at this point. I would, however, try to talk to him to find out why he did what he did and to make sure that an understanding can be reached about each others property rights. I would be concerned that he would harm the neighbors dog if it got through the fence. I would certainly try to make sure that didn’t happen and to have an understanding that the dog would be immediately retrieved rather than shot for being a threat.

[billybobpd]

For reference, here is the California Penal Code section regarding brandishing a weapon:

417.
(a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.

From your description, it does not sound like his actions met the definition of the penal code section. While concerning, at this point it’s more of a question of his motive by obviously letting the neighbor see his firearm.

If this happened to me, I would not involve law-enforcement at this point. I would, however, try to talk to him to find out why he did what he did and to make sure that an understanding can be reached about each others property rights. I would be concerned that he would harm the neighbors dog if it got through the fence. I would certainly try to make sure that didn’t happen and to have an understanding that the dog would be immediately retrieved rather than shot for being a threat.

Thank you ! I appreciate it . My understanding was the dog was not aggressive or threatening. The person in question only came to the fence after the owners were attempting to retrieve the dog, who they believed had chased a rabbit to the fence line.

Thanks again

[Rustlin’ Jack]

Loose and unsupervised dogs on someone else’s rural property can have catastrophic consequences. I’ll never forget a secondhand story I heard regarding someone who couldn’t find their two Labrador retrievers. These were the type of dogs that were the definition of friendly dogs. The owner eventually encountered his neighbor using a backhoe to bury something on his property. It was the neighbors position that the two dogs attacked him and he shot them in self-defense. While it was highly doubtful that the neighbor was truly threatened, without witnesses, it is a difficult case to prove.

[Rustlin’ Jack]

I just realized that I posted the Penal Code section without including the subsection for firearms. It is basically the same thing but this subsection is specific to firearms.

(2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows:

[Puss]

Have the cops take his guns. Normally I would not advise this but brandishing is not OK and by growing weed he just shot himself in the foot. I refer to Federal Law on gun ownership:

https://www.atf.gov/firearms/identify-prohibited-persons

Identify Prohibited Persons
unlawful user of or addicted to any controlled substance

https://regulations.atf.gov/478-11/2019-24301#478-11-p3191938463

Controlled substance.
A drug or other substance, or immediate precursor, as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802. The term includes, but is not limited to, marijuana, depressants, stimulants, and narcotic drugs. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in Subtitle E of the Internal Revenue Code of 1986, as amended.

Call the ATF if you have to. Nail that SOB.

[esy]

Have the cops take his guns. Normally I would not advise this but brandishing is not OK and by growing weed he just shot himself in the foot. I refer to Federal Law on gun ownership:

https://www.atf.gov/firearms/identify-prohibited-persons

https://regulations.atf.gov/478-11/2019-24301#478-11-p3191938463

Call the ATF if you have to. Nail that SOB.

Huh?

[GizmoSD]

zettix, solid advise from a clear expert!

Get those cops out there and sic em on the evil neighbor!!!

Get those lazy ATF guys out of their offices to earn their paychecks. We pay their salaries, they work for us!!!!!!

Or…..come back to earth and don’t poke your nose in things you clearly know nothing about.

How about in rural neighborhoods, people keep track of their animals, and get used to seeing guns. That’s rural life. No crime, carry on.

[SVT-40]

Sounds like the friend needs to regularly walk his fence line so the new neighbors get used to seeing him.

[OCEquestrian]

[billybobpd]

I just want to clarify a few points I did not mention in the original post. The dog was a Jack Russel terrier . Neither the dog or the people retrieving the dog ever left their own property which is completely chain link fenced on 3 acres. The owners of the dog are in their 70's and as harmless as the dog .
Sorry I did not mention this before, but it might give some a little bit more perspective on the situation.

[socom2shooter]

You can also contact your local marijuana erradication unit and tell them about the weed and the situation. Most nor cal counties at least have some kind of a erredication unit. Typically in my experience situations like you described will receive attention quicker than grows that are not causing issues. What county are you in?