A man was arrested in town yesterday for brandishing a TOY gun. He was sitting in the door of his trailer, pointing it out into the trailer park, and someone called the police. One of the toy gunman's friends tried to disarm a police offficer when they came. So the second guy was arrestd for trying to disarm the cop, and the first guy (with the toy) was arrested for wanton endangerment.
sharps-shooter, just what is it that you didn't understand about what went on? You have 3 claims of arrest pertaining to the thread title. Either the guy was arrested for a toy gun, arrested for brandishing a toy gun, or arrested for wanton endangerment. Which is it?
Well, since it isn't Carrolton, Texas, he wasn't arrested for a toy gun. So the title is wrong.
Since it isn't Carrolton, Texas, he wasn't arrested for brandishing a toy gun. So the second claim is wrong. In both these first two claims, the problem is that the claim is of a thing or activity that isn't against the law.
What about the wanton endangerment? That is against the law and that is what the guy was actually arrested for in this case.
What you have clearly failed to understand is that the problem was NOT the toy gun, but the sense of fear created by the toy gun that was perceived as a REAL gun by the person calling the cops who saw the man pointing it into the trailer park, hence the crime. No doubt there was more to it than just that, but the man arrested was definitely not arrested for having or brandishing a toy gun as neither activity in and of itself is illegal on one's own premises.
When a person uses a toy gun and passes it off as a real gun in attempting to rob a bank, it is armed robbery. It doesn't matter that the gun was a toy. When arrested, the person isn't arrested for robbing a bank with a toy gun, but for armed robbery.