Would It Still Be Considered Armed Robbery With An Unloaded Gun?

Question

I was just thinking about this. I was wondering if a criminal decides to rob a store with a weapon that is unloaded; relying on the fear of the clerk cooperating with a gun pointed at their face. Would that still be considered armed robbery if the weapon is not loaded?

Answer 1

Yes it would.
An unloaded handgun or a water pistol or even simulating a handgun is still armed robbery.

Answer 2

Is many states, you don't even need a weapon to be armed robbery. If you act like you have a weapon, the law treats you as if you are armed. Besides, an unloaded gun IS a weapon. You can always beat someone over the head with it.

Several states clarified the laws after someone tried to get out a an armed robbery charge by using a toy gun.

Answer 3

Yes, because the person you are attempting to rob, doesn't know that the gun is unloaded, also just the fact that you have a gun makes it armed robbery. Lastly, your intent is to scare the person into thinking you are going to shoot them, so in addition to an armed robbery charge you can face possible charges related to carrying a firearm.

Additionally, even if you were to use a pellet/B.B. gun you would still be charged with the crime as though you used a real weapon. It's also a good way to get yourself shot, by someone with a loaded gun, who deosn't kniw yours isn't loaded.

Either way you slice its a bad idea.

Answer 4

I agree with the consensus, but I'd like to ad that you really don't even need a gun. Remember, a lot of bank robbers simply pass a note saying they have a gun in their pocket. When they're caught, they were still charged with "armed robbery" in spite of the fact the teller and the surveillance cameras clearly shows he didn't produce a gun. The act of instilling fear on others during the commission of a robbery crime is the only element they need to make the charge of "armed robbery" stick. You have to review the definition of armed robbery in your state, but a simulated weapon, such as putting your hands in your pocket and claiming you have a gun, will qualify for "armed robbery."

Answer 5

I asked my Introduction to Criminal Justice Teacher that very same question, and his answer was yes. Even if the gun isn't loaded, a gun is still considered a weapon even if it isn't loaded because you can still beat someone with it. Not to mention that the person being robbed is unaware that the gun isn't loaded, so it gives them the illusion that the gun is loaded and makes the person fearful.

Answer 6

Even mentioning a gun, or implying you have a gun would be armed robbery, you do not need to display it.

Simply stating "Give me the money if you don't want to get shot" would be enough for armed robbery.

Answer 7

Still considered armed robbery.

Answer 8

Yes

Answer 9

Yes

Loaded or not, the robbed is in fear of being killed.

*If there was a law saying all stores have armed employees, do you think robbers would rob stores knowing there is a high probability of a shootout?

Answer 10

yes, it's even armed robbery if the gun is a toy