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Disclaimer: the video confused me at first and I admit I still might be confused.
I was over half way through the video before I realized what the point of it was:
The criminal cannot be charged with having a gun if the gun is a toy.
I don’t think they said anything about the reaction you should have if you are confronted by someone holding a toy gun. I don’t think you are responsible for determining if the gun is real or not.
I (of course) would believe if it looks like a gun you should be able to react as though it were a gun but the video did NOT talk about this part of the issue.
What I think it means is that after they catch a stick-up artist and find out he didn’t have a real gun and could not have shot anyone then they can’t charge him with armed robbery.
I’m not saying I agree with this ruling but I initially thought that the person being assaulted or police officers would be saddled with the responsibility of determining if the bad guy had a real gun or a toy gun and that is NOT what the ruling was talking about.
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