My boys were joy riding and got stuck in mud. Someone from a neighboring business saw and pulled a gun on the boys after they explained what happened. The boys are skinnny 18 year olds. They were not on the business property but on someone else's. And how to check if they have a permit or conceal? Is it legal to brandish a gun outside like that not in fear or on your property?
On these facts the business owner was correct and the boys were in the wrong. If they don't want to get arrested and convicted they had best leave this well enough alone.
The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Getting stuck in the mud without more does not seem like reason to pull out a pistol. But, as Mr. Brinkmeier notes, there is a right to have firearms. Though the right must be exercised reasonably and with caution which depends on what all the facts were. Time of day, type of area, etc.
This is the second time you have asked this question but this time you neglected to mention the scrap metal found in their car. Your sons being skinny and 18 have no relevance and you were told you have no ability to research whether the person brandishing the gun is licensed to carry but the police will investigate if they deem it approprriate. Please refer to the good answers you received the first time you asked. There is no need to repeat the inquiry. The volunteer attorneys who answer here will do so when and if they can and the answers will not change merely by asking again.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
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