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by WildBill
Sat Apr 28, 2012 11:29 am
Forum: The Crime Blotter
Topic: Brandishing a "clip" (most likelty a magazine)
Replies: 4
Views: 844

Re: Brandishing a "clip" (most likelty a magazine)

Jumping Frog wrote:No, a magazine is not a firearm.

They said she was charged with a felony. Aggravated Assault (Sec. 22.02) is a felony, but I'd be hard pressed to see how a magazine qualifies as "uses or exhibits a deadly weapon".

I'd suspect they are charging her under Sec. 22.07. TERRORISTIC THREAT.
Sec. 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
They said she was charged with a felony, and (a)(6) is an F3.
It appears as the "loaded clip" has nothing to do with the elements of the "crime." I doubt she would have been arrested if she had been empty handed. It seems like an unconstitionally vague law.

She will probably cop a plea to disorderly conduct and lose her right to get a CHL.

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