If a guy goes to a gun store, purchases a gun planning to kill someone. Then he goes to the house of the guy, but once he gets there, he decides not to do it and takes off. Is that considered attempted murder?
2007-03-16 15:21:10 · 12 answers · asked by Benito P 1 in Politics & Government ➔ Law Enforcement & Police
Only if he pulled the gun on him and threatend him.......
2007-03-16 15:31:15 · answer #1 · answered by kows4sale 4 · 0⤊ 0⤋
NO,
How can you prove that the man A, the one who bought the gun, was going to use it?
Murder needs the famous three legs before it can be proven.
First you have to prove motive, you haven't stated any, but I assume they exist and you can state them.
Second you have to prove means and opportunity; he had the gun and he went to the house.
Third you have to prove intent; did the guy plan on murdering the person B? Or did he plan on scaring him or talking to him, or did he reconsider the crime and decide to not do it. Which appeared to be the case. Therefore no crime was committed.
Until we have mind reading technology (heaven forbid) then it isn't illegal to think about killing someone.
To prove intent you need to prove that the murderer wanted to kill the man, he has to have told someone that he wanted to or he has to have made a clear attempt like firing the gun.
In the recent case of the astronaut she had a garbage bag, which could be used as a murder weapon, but she wasn't charged with murder. It wasn't clear that she intended it. What was clear is that since she followed her intended victim, since she confronted her and since had flex ties and tape to bind the woman the charge of attempted kidnapping could be held. If the “astronut” hadn't confronted the woman then any charges against her wouldn't have held up. She had to make a physical and real threat, you person A made no such threat. He may be charged with trespassing at most. He could also be brought up on charges for possession and caring the gun, but in many places that isn't illegal. Since he showed no intent to stay and left the property immediately then even that charge would be dismissed.
Now if person A had fired his gun or had confronted person B then he could be charged with attempted murder.
2007-03-16 15:58:25 · answer #2 · answered by Dan S 7 · 0⤊ 0⤋
He has to commit an overt act towards the commission of the crime. In this case he pulls out the gun and announces that he going to kill him pulls the trigger and the gun doesn't fire. That's attempted murder.
If he pulls the gun out then changes him mind it's just a gun charge.
2007-03-16 15:34:43 · answer #3 · answered by Sgt 524 5 · 1⤊ 0⤋
No. Attempted murder is considered atually using the gun with the intent to kill, but the victim survives.
I hope you aren't asking for personal reasons. But what you described is called assault.
2007-03-16 15:30:57 · answer #4 · answered by duncanchild7 3 · 0⤊ 0⤋
Attempted murder is just that - attempting to take the life of someone else. If the guy never made contact with his target, then an attempt was never made.
2007-03-16 15:29:57 · answer #5 · answered by Aunt Bee 6 · 0⤊ 0⤋
No. But there was intent, means and opportunity. If caught before he changed his mind and left without acting on his intent, the case could be made for attempted murder.
2007-03-16 15:33:43 · answer #6 · answered by Arnon 6 · 0⤊ 0⤋
First how did he circumvent the waiting period for purchasing a firearm. Besides that point, you would need to provide more details to really decide what crime(s) where committed. It would be a stretch to charge him with attempted murder even though he did make a dangerously overt act to commit murder.
2007-03-16 15:32:20 · answer #7 · answered by me 2 · 0⤊ 1⤋
Not if a murder was never commited!! No harm, no foul!! But you better get rid of that gun!!! If you are thinking of doing the crime, better be prepared to do the time which just may be with your life.
2007-03-16 15:30:36 · answer #8 · answered by Cindy Roo 5 · 0⤊ 0⤋
Legally yes. It would however be impossible to prove if he did nothing and went home without incident. Now say he told someone what he did and informed them that his intent was to kill. He would be investigated, but it would still be hard to prosecute.
Edit: By the way, not everywhere has a waiting period for a handgun.
2007-03-16 15:30:55 · answer #9 · answered by Nationalist 4 · 0⤊ 0⤋
Need more details. Did he brandish the weapon? Did he point the gun at the guy, even though he never fired a shot? Did he shoot the weapon in the guy's general direction, even though he didn't intend to actually hit the guy with the bullet?
2007-03-16 15:30:31 · answer #10 · answered by Resident Heretic 7 · 0⤊ 0⤋
I say yes and no. He planned the murder and had the intention to kill, which is the 'yes' part. The 'no' part is that he put it off.
2007-03-16 15:26:54 · answer #11 · answered by Mystic 4 · 0⤊ 0⤋