Legal Question in Constitutional Law in Rhode Island
The right to bear arms
I was charged with ADW in dwelling, Because of this lady Isell dogs for was mad about $200 i had to borrow. I got into an argument with her over the phone about it. The next day she travled from NH where she lives, down to Ri where I live. She banged on the door and starting yelling into the window. I closed the window and told her go away or I'll call the cops. When I closed the door she starting kicking and banging the door. I Grabbed a toy black cap gun opened the door and and placed the toy guy on the left side pane and said please leave my door i got a gun. When they said im calling the police i showed them that it was a cap gun and that I only wanted her off my property. So when the cops came they cuffed me and told me that i had slapped her and pointed a real silver gun at her head. Whihc i never did. I take medicatation called serquel that makes me tired and dissorintated. They had woke me out of s sound sleep i was scared and just trying to protect my family. I am currently diagnosed with paranioa and that had alot to do with the way I reacted. I dont know what to do Im scared and have 3 children. They need me and I need them. I need to know if what i did was wrong if i truly did something wrong. This is the truth
2 Answers from Attorneys
Re: The right to bear arms
These are very serious charges which you need to speak to an attorney about. You may have viable defenses to these charges. If you can not afford an attorney, a lawyer from the public defenders office will be assigned to your case. In the meantime, I would say little else until you speak to an attorney.
If you call my office, I will be happy to discuss these charges with you.
Re: The right to bear arms
Your subject line says "the right to bear arms", but bearing arms is not the same thing as using them. "Using", in turn, is not the same thing as "firing". Firing a gun is one way to use it, but pointing it at someone is another. You may have the right to keep a gun handy, but that does not mean you are free to use it however you want to.
Threatening someone with a gun in the manner you describe is indeed assault with a deadly weapon. A cap gun is not a deadly weapon, but if it looks like one it will cause the same sort of fear as a real gun would have. Assuming you really used a cap gun, you are guilty of simple assault rather than ADW.
The authorities obviously believe the gun was real, which is why they charged you with ADW. You're in serious trouble either way. You need a good defense lawyer immediately.
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