A friend pulls his firearm in a dispute

[nstyn]

I decided to remove my posts. I feel like it's no longer appropriate for me to be discussing this. Thanks for the advice everyone.

[Franky4Fingers]

Maybe its just me, but this story doesn't sound right. Something doesn't add up.

[Searcher67]

First and foremost:
TELL "JAY" TO GET A LAWYER

An employer can terminate anyone for any reason or no reason at all
Pa is an "At will" state!

Yes, your "JAY" can get in trouble, didn't he have a cell phone on him. Why didn't he just keep driving to the nearest donut shack and alert police!
Thats a joke guys!! Don't raz me for it!

Best bet Get a lawyer NOW!!!

[fingers80002]

I'm not certain this is the appropriate section to post in, it involves a registered weapon with a concealed permit so this was my best guess. Last night a friend of mine (lets call him Jay) was involved in an altercation involving a firearm. The details of what I know are as follows:

It starts out as what sounds like a standard "road-rage" situation. According to Jay, On his way to work he was being tailgated by another driver. Jay pulls over and the second driver pulls ahead of him. Once ahead of him, The second driver reduces his speed far under the speed limit and Jay is now tailgating him.

Once Jay arrives at his work place, the second driver follows him in and approaches the vehicle. The driver walks to drivers side window and starts shouting at my friend, threatening him and tells him to get out of the car to settle things in a fight. In response, Jay reaches into his glove box, grabs his pistol and cocks it (never pointing it at the person), and tells the second driver to leave him alone. The driver was unfazed by the gun and the situation is eventually diffused when workers arriving for their shift intervene.

Jay was asked to leave the property and return in an hour by his employer. He talks to the police and gives his side of the story and the police confiscate his weapon. Upon returning to work, they ask him to leave for the night and say they'll call him.

Well my friend gets a call from his work about 12 hours later letting him know he was terminated. When I asked him about any trouble he could potentially be in, Jay says something about three charges he could potentially be hit with, the only one I can remember being "terroristic threats". It seems to me there is a lot of grey area here and I was looking for some opinions of other gun owners who know some more about PA law than either of us do. So I ask the following questions to anyone with some insight.

(One) Was brandishing the gun lawful in response to the threats he had received? Could my friend possibly be in any criminal trouble?

(Two), Was his work termination lawful if it is determined he acted only in self defense?

(Three) Will the police will return his pistol?

something is not adding up...........

[eXceLon]

Any response would be useless speculation. We don't really have any idea what happened.

[General Geoff]

(Three) Will the police will return his pistol?

Did they ever take it??

[soberbyker]

I'll address number TWO, Pa is an "At Will" employer state, no reason at all is necessary to be fired.

http://library.findlaw.com/1999/Jun/1/127724.html

Since 1891, Pennsylvania has subscribed to the theory of employment at will. Thus, as the court noted in Stumpp v. Stroudsburg Municipal Authority 540 Pa. 391, 396 (1995), "as a general rule, employees are at-will, absent a contract, and may be terminated at any time, for any reason or for no reason."

ETA: took to long to post but I'll leave the info up.

[xxthe_beastxx]

I will start with Jay should have not spoken to the police without a lawyer present.

I will finish with smells fishy in here.

[Curmudgeon]

Did they ever take it??

Yes. Reread the OP.

I will start with Jay should have not spoken to the police without a lawyer present.

I will finish with smells fishy in here.

Agreed. at best, we are only getting a very small part of the whole story. Jay needs an attorney, and fast.

[Atomic Dog]

This story ≠ sense




But best of luck to "Jay"