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Man facing charges for using loaded handgun as a hammer at school


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Hmm, no round in the chamber, is that considered loaded? Not the smartest idea, but unless they have an issue with the gun on school grounds I don't see the legal issue.


Video said 2 charges, one for firearm on school property, the other for child endangerment.

If we look at our previous laws for vehicle carry, it was considered loaded even if the firearm and ammunition were even in the same vicinity as each other. I'm guessing it would be considered loaded to have a loaded magazine yet not chambered. Remember there are people who carry without one chambered everyday.
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Hmm, no round in the chamber, is that considered loaded? Not the smartest idea, but unless they have an issue with the gun on school grounds I don't see the legal issue.


Especially if it was a Glock, safest hammer around :)
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Hmm, no round in the chamber, is that considered loaded?  Not the smartest idea, but unless they have an issue with the gun on school grounds I don't see the legal issue.

During the interview at the Sheriff's Office, Grubbs admitted to bringing the gun, while loaded, onto school grounds, and that while attempting to drive a thumbtack into a wooden plaque, he pulled the gun out and used the butt as a hammer.

He says that after hammering the thumbtack a handful of times, he felt compelled to unload the gun.

That's when he unloaded the magazine, put the bullets in his pocket, and continued using the gun as a hammer.

According to witnesses, two juveniles were near Grubbs when he was hammering before he removed the bullets, and his two children were at a table behind him.

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During the interview at the Sheriff's Office, Grubbs admitted to bringing the gun, while loaded, onto school grounds, and that while attempting to drive a thumbtack into a wooden plaque, he pulled the gun out and used the butt as a hammer.

He says that after hammering the thumbtack a handful of times, he felt compelled to unload the gun.

That's when he unloaded the magazine, put the bullets in his pocket, and continued using the gun as a hammer.

According to witnesses, two juveniles were near Grubbs when he was hammering before he removed the bullets, and his two children were at a table behind him.

 

Yea, I read that, but no round was chambered.  Now I am not condoning his actions, clearly a stupid thing to do, but I have never heard a round discharging in a magazine without a round in the chamber causing it.  Now the whole gun in school thing, he should of known the laws he was subject to, no defense for that.

Edited by Omega
  • Like 1
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I'm sorry. I know this isn't funny, but this guy is named Grubbs. The dude that was shot by police a few days ago was named Grubbs. 
 
Is there something going on in the Grubbs family? :lol:


Dumb as an earthworm, them Grubbs are.
  • Like 5
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I hate to admit it but this guy lives not far from where we live in Sikeston, MO. There was a young man accidentally killed on the Kelly High school property last fall IIRC.  The person that possessed the weapon in the truck that shot the student was arrested later bringing a pistol and dope on school grounds. No charges were filed in first incident as it was ruled accidental but the trial on that second offense is still pending so the Sheriff is covering his back side. There has been a lot of TV reporting on the case and the family that lost the son has appeared on TV speaking out about no charges in 1st instance and disappointed that it seems subject didn't learn from 1st instance.  

 

Grubbs was carrying concealed at Kelly High School near Benton, MO and with 2 instances already is a hot topic.  Grubbs had a CCW but not sure he needed one with the poor judgement he exhibited.

Edited by deadeye111
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Had Grubbs not tried to use the pistol as a hammer and expose the pistol to the world he would have been OK.

This is the section of the Missouri Statutes that pertain to concealed carry on school grounds in Missouri.  I am not a lawyer but what I have learned is there are only 2 places in Missouri other than Federal Properties that might get you convicted of felonies if you carry there.  1. Commercial Bus  2. Trains 

It will be interesting to see how this progresses if Grubbs has a decent attorney.

 

http://www.moga.mo.gov/mostatutes/chapters/chapText571.html

 

Unlawful use of weapons--exceptions--penalties.

571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

Snip:

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board; or

 

4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry permit issued pursuant to sections 571.101 to 571.121, a valid concealed carry endorsement issued before August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.

 

And there is also this stated further down the statute..

 

Open display of firearm permitted, when.
 

571.037. Any person who has a valid concealed carry endorsement issued prior to August 28, 2013, or a valid concealed carry permit, and who is lawfully carrying a firearm in a concealed manner, may briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self defense.

(L. 2012 H.B. 1647, A.L. 2013 S.B. 75)

Edited by deadeye111
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He says that after hammering the thumbtack a handful of times, he felt compelled to unload the gun.

That's when he unloaded the magazine, put the bullets in his pocket, and continued using the gun as a hammer.

 

Well if you take the weight of the rounds out then a semi-auto handgun is pitiful as a hammer then, everybody knows that. DUUUUU...

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