Consider the following scenario:
John purchased a new handgun and started carrying it with him in compliance with Maryland law.
One night, he goes to have a few drinks at a local bar and takes the gun with him. Soon after arriving at the bar, he recognizes his high school nemesis and bully; Bill Bobster. Still angered by the trauma that he endured as a result of Bill’s harassment in high school, John goes up to Bill points the gun at him and says, “I’m going to kill you.” Terrified, Bill turns and runs out of the bar. John pulls the trigger only to realize that you had not loaded the weapon. Bill gets away unharmed.
– Can John be charged with any crime as it relates to Bill? If so, what would be the appropriate charge.
Consider the following additional facts::
After his failed attempt to shoot Bill, John walks out to his car to get ammunition. He loads his gun and re-enters the bar. This time John sees his long time buddy Steve inside and decides to play a trick on him. John pulls his gun out on Steve. Laughing, John quickly tells Steve it was all a joke. Steve is not amused.
– Can John be charged with any crime as it relates to Steve? If so, what would be the appropriate charge?
In responding to this question consider the U.S. Supreme Court case; Elonis v. U.S. (2015.) For a link to the case click: HERE (Links to an external site.)
– Can the Court’s ruling in the case effect the possible charge?
Fully explain the basis of your response.
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