He Brought A Nailgun To A Protest - What Is The Law?
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- Опубліковано 5 чер 2024
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All comments for information only. Do not take anything as legal advice--if you have a legal issue, contact a lawyer directly so that you can received advice tailored to your situation. All views expressed are solely those of the creator.
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Note to self. Don’t get yourself in a situation a lawyer will find fascinating.
What if ut's a lawyer dog?
Corollary: don’t do stupid stuff.😊
@@justkiddin84 stupid stuff is the bread and butter of doctors and lawyers. How else would they make their boat payments?
It's rarely within a person's control but try not to fascinate any doctors as well! 😂
@@phantomkate6 Too late! I've heard a doctor utter the legendary, "that's fascinating."
Nailed it.
People keep on hammering in the puns
@@iotku I saw what you did there.
Damn it, I came here to say that.
Solid joke
Crafty lol 😅
I've done a couple x-rays on nail gun injuries. They can go through bone, they can definitely puncture an eye ball. In medicine, as in law, it's never good when your case is 'interesting' or 'fun'.
Yeah, there even cases where they end up inside the skull. It's a lot more powerful than he thinks. Velocity can be up to 1400 feet pr second, so definitely not under 500 like he thinks.
Except they tumble in flight and at any distance past 2 meters they may puncture skin or go in your eye, but never go into bone unless it’s fired at point blank. A powder actuated nail gun requires a a lot of force on the muzzle to actuate, there is no way you push that hard into another person to fire it. ( they are typically 27 caliber) and require a licence to operate. A trim nailer could puncture skin as it has a small diameter projectile, but lacks the mass to do any real damage ( unless at point blank or in the eye). By the way I have been shot with both and have over 28 years of experience.
Wouldn't his intent to use it as a weapon be enough for it to be called a weapon?
Yeah, a lot of things can be both a tool and a weapon like an axe. Intent matter.
The issue is about if it’s a “firearm”, that’s a diffrent kettle of fish then a weapom
Intent matters
Being close to Easter
Can't we claim that nailing people to things is a religious act?
Yes..🤸🤸🤸🤸
I think Catholics would agree with you as well as Christian religions!
From assault to a religious exercise.... Interesting.
He's a jew pointing it at a Muslim. I'm not sure the joke works.
😂 Y’all ain’t right
Grabbing and pulling the person holding iPhone by the hood of sweatshirt would be an assault too. Right?
Yeah and he owes them a new phone.
Was this guy on PCP?
@@mary-janereallynotsarah684 He totally owes them a new phone!
But I doubt he was high on dust, he didn't seem nearly as aggressive as most people become.
I've seen some people do absolutely insane stuff while on it.
It's one of those drugs that are usually kind of easy to notice when someone is on it, like heroin, fentanyl, tranq, nitty, angel dust, and the new meth that's out on the streets, that stuff is literally making people lose their minds quickly!
It is scary to watch.
We are people smoking crack and fentanyl or heroin just sitting on the bench at the park next door on a daily basis. It's so sad and depressing to see.
nothing wrong with the nailgun.
the intent to do harm, is criminal.
this guy is guilty
Agreed
I'd argue that regardless of intent, purposefully disabling the safety mechanism and waving it around is some sort of negligence.
It depends on the context before the video starts. But it seems likely.
um...in this context its a deadly weapon wielded out of hatred this guy is looking at half a decade behind bars potentially 20 years
Yes but mens rea which is the offenders mental state the video clearly shows that there was no negligence but deliberate intent@@01taran
If MacGyver taught me nothing else, it is that ANYTHING can be a weapon.
This is very true.
Good points. A rock can be a lethal weapon. People have been killed by nail guns.
Folks need to not go out to protests in anger. ✌️♥️
People just need to not bring a weapon!
All the people at a protest, any protest, should look out for anyone that is trying to cause violence or get other people upset enough to become violent. Call those people out ASAP!
Anyone that has a license to carry a concealed weapon should always leave it holstered while protesting (unless it's to protest a firearms issue, obviously).
Because honestly I assume most protests are going to have some angry folks, I imagine that might have something to do with *why* they're protesting to begin with.
*I had our legal folks investigate this about 15 years ago: in the USA, a powder fired nailgun is a firearm for the purposes of gun laws, both Federal and Local.*
My understanding is that it also a firearm here in Canada, which is why we're supposed to be licensed/certified to use one
@@j.coward3738theres no licebse for that, you can go to home depot and buy a ramset with nothing but proof of age
How do you know all 50 states apply that?
Federal law: section 922 et al.@@venz8201
@venz8201 Because it says "Both federal and local."
People really should learn to control their temper. Now he'll have time in the pokey to learn and maybe practice some Zen.
Regardless of the weapon designation, wouldn’t his actions be deemed an assault?
No. Assault is a lesser charge. Battery is the action of causing physical harm. What he did would be battery. More accurately, it would be aggravated battery, due to the nail gun.
It would be both.
assult and battery are indeed seperate charges... in the US. This is Canada, so the charge is assult.
265 (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
@@delta3244 odd that those aren't separate charges.
@@SkunkApe407 Canada does this sort of thing a lot. It's why mandatory minimums have a hard time sticking to offenses here: individual laws tend to capture wide ranges of behaviour. I agree that it's odd.
(edit - grammar)
Don’t bring a battery powered nail gun to a Ramset fight.
LOL
Now the question is if you have a set of taxidermied bear arms and set them on fire and hit people with them is that technically a fire arm under Canadian law ?
That’s a great question and scenario, will probably live in my head rent free now 😂
Funny enough bear mace attacks are frequent.
@@Somero5115 that’s not scary in the slightest…(I’m American 😭)
No, but in the US you have the right to bear arms - so no problem.
@@rivervanyou would not want bear mace in your face.
I was in a restaurant when a nail from a nailgun went through an elevated sign that was being rebuilt, through the roof, and stuck in a server's head. That caused damage like a stroke. It took about twenty minutes for an ambulance to arrive, and he didn't survive to make it to surgery.
this one reminded me of an incident some 40 yrs ago, when i was bike courier in TO flying down Younge St on a delivery. Got into altercation with a white van, after it tried to run me over, I was doing better than the speed limit but not good enough for this guy. Street down from old Maple Leaf Gardens, Wellington, i think, heading toward Bayview. Anyway, after a number of failed attempts to run me over, the driver suddenly screeched to a halt, ran to back of van, pulled out a Hilti gun and started firing at me. I dove behind some brand new cars at Bayview Cadillac, while the nails ricocheted off the caddies, i remained crouched, wondering if any witnesses around, and what little it takes for people to do crazy stupid shit. After firing off a shit load of nails, they took off. No witnesses. I wasn't afraid, but more surprised at the sheer audacity and stupidity, and always wondered if the dealership ever found any nails sticking out of their cars?
Years later I tell my kids that bicycling downtown Toronto in those days was like being in a war zone. Every other day someone came back to the shop, scrapped, bleeding, and carrying bent pieces of their bike...
then some years ago in TO now (2009?), a lawyer, actually attorney general ran over and killed a cyclist - oh well, tenuous strands to weave an interesting story....
And now, nail guns openly flashed and used in public, again with little concern, highlighting just how far we as a species have evolved..., apparently extremely little
It is a firearm, it shoots projectiles and it definitely can be used as a weapon.
I have only heard of ONE fatality involving a powder actuated nail gun. Nail guns made by Hilti 30-40 years ago used purple loads, which have since been discontinued. These were "low velocity" nail guns. They shoot from a 27 caliber rimfire blank. Color codes for Hilti were brown, green, yellow, red and for driving large 3/8 threaded pins into steel, the now discontinued .27 caliber rimfire PURPLE loads. The one death I know about was some idiot shooting a purple load and a smaller pin through a gypsum board drywall wall into the spine of a man who was sitting in the next room. Injuries? Shitloads of them! Pneumatic, gas cartridge, spring recoil, self contained pneumatic, or powder actuated? Pneumatic framing guns rule the day for injuries. I own a Hilti with a silencer on it. It's old and slow, but I won't part with it.
Holy sh*t!!! What is a purple load? I'm afraid to google it. Tell me its not some nail 1 inch in diameter and 12 inches long please. Did it just shoot through the gypsum like a gun or the nail was just too long?!?! What a gruesome story, holy crap you'd get a million views with that one. Its never been told. Until now.
@@silvertone1 It's a .27 caliber cartridge. The color coding tells how much gunpowder is in the cartridge, not what kind of nail that cartridge is used to drive.
I am not an expert, but purple appears to be the spiciest of the nailgun color codes. OP says it was for driving "3/8 threaded pins into steel", so... pretty spicy.
i was using that exact m18 fuel nail gun just a few hours ago as a contractor, at point blank range against a target itll penetrate alot, id think any part of a human body for sure, even bone... however as soon as the nail leaves the gun and the anvil is nolonger actively pushing on it it loses almost all of its power.. just watched a video of someone shooting on in the air, after a foot it is going 90-120 feet per second and cant even penetrate cardboard at a few feet
its a good weapon if you can push it against the other persons body, it just has no range, the nail has a low mass, terrible aerodynamics, and the nail gun is barely using any of its energy if its not pushing directly into a material unlike a gun where it doesnt care if theres anything at the end of the barrel or not, it launches a projectile about 20times faster with alot better aerodynamics and heft
yeah but it's still Canada
@@tonyabsoluteam3456 i live in canada aswell... i wasnt commenting on if its a weapon, or if the guy was right or wrong, just that if people think hes going to hold the safety back with his fingers and start plinking holes in people from 10 yards away theyre wrong
obviously we only see a small portion of the encounter, really odd to be walking with a nail gun at a protest while wearing casual non work clothing so i see how its seen as a weapon, but on the other hand, he put it away into the car as soon as an altercation was about to start so was he really intending it as a weapon? if you had a gun and someones trying to attack you do you put the gun in your trunk and then confront them.. i doubt that
the lady filming is clearly hysterically
aswell yelling about him shooting people with it which id bet my paycheque on not having happened.. if he did she wouldnt be approaching him with a camera screaming at him she'd be running the other way while phoning 911
He was threatening, and I bet he did send out a few of those and realized it was useless from a distance. He's a very buff dude and could do scary damage without holding a threatening weapon.
@@AndrewBrownerbecause of the barrel debate and you using this exact model within the last few days, does the nail go through anything that could be considered a barrel on that Milwaukee model in the video?
@@Julia-543 its arguable, id say no but it could be a barrel i guess just the worlds shortest and sloppiest one
If someone shot me with a nail gun, I would think of it was a gun. Thanks for not being political.
The law is political in Canada now. There is no objective equality b4 the law
My tired brain genuinely thought you were going to say, "Let's start with the definition of 'fun'."
"Guilty if you point an unloaded firearm at a person". I guess Alex Murdaugh's lawyer, Pooty Poot is very lucky he wasn't in Canada when he pointed a shotgun at the prosecutors! 😟😣😰😫
(IN COURT !!)
Same with the prosecutor in the Rittenhouse trial aiming an AR-15 at the jury.
@@thehat4244 That's Right! I'd forgotten about that incident. Rittenhouse seems so long ago now.
@@thehat4244 but alas.. these are Canadian laws.. both of those people are 'Merican... different set of laws
Oh my god......how sick can people be?
Don't ask that! They'll take it as a competition…
I nailed my hand with one… it sucked.
So did an employee of my son's. Not that there has been this accident only once in the course of our existence, I'm sure there have been a few of these accidents, but I have to ask, do you, by chance, happen to live in Winnipeg?
Maybe get somebody else to hold the board next time.
Anybody else only able to say "nail gun" like the guys from WKUK ever since the Necronomicon sketch?
I'm in the US (I'm an accountant). Many years ago, one of the guys on the crew of the team of a contractor I did payroll for, shot a nail into his ankle. They were roofing at the time. I think back then, the nailguns were hooked up to compressors and didn't work otherwise, but it appears that the fellow in the picture, has a battery powered nailgun.
There's a few kinds of nailguns. Pneumatic(air compressor), electric(battery), and powder charge(uses .22 blanks).
All have their advantages and disadvantages.
I think some of the companies making powder nailguns have redesigned them to use non-standard cartridges, both for "selling ink cartridge" reasons(a proprietary cartridge is more likely to generate ongoing revenue for the manufacturer) and for reasons of avoiding firearm laws(if your blank cartridge isn't a standard firearm cartridge, you're a lot less likely to have your blanks banned).
Getting in someones face ,saying you got a problem and then saying OMG!!! what are you doing? is so dumb.
Here we can only hunt with Hammers made before 1920 during Hammer season. None of these rapid fire Hammers nor can they be modified with Duct tape..
What about a modified or expanded nail pouch?😂
@@SkunkApe407 Only 10 nails in the pouch and they can't be harden
@@danielweston9188 well that's no fun!
Can you use wood glue for trapping? 😂
@@martinswiney2192 Only Horse Hoof Glue
I got a framing nail shot through my pinky because mud had the safety pushed back
I had one shoot through my index finger, straight through the first knuckle, because it blew through a truss jack. Not a fun Tuesday...
I was lucky with mine, blew through a chunk of 2x4 as I was backplating trusses before lodging just above my knee. Never felt it go in, ws in and out of ER in 45 min, got the afternoon off work, and no lasting effects, nicest injury I've ever had...
"Concerning" is kind of undestatement.
Nailguns don't have a barrel. Does that make it not a firearm?
They usually do have a barrel of some kind
That is a weapon as much as a gun, knife or anything else used in such a threatening manner. His intent is purely aggressive and meant to injure. That’s nothing even close to self defence.
A nail gun is not a firearm but can be used as a weapon, as was his intent.
A nail gun is not barreled.
He brandished it as if it were a weapon, it should be treated as a weapon.
Why would this not be perceived as self defense, as he had people get within his personal space, instigating conflict?
You're not allowed to carry something for the purposes of self-defense in Canada. His use of the nailgun might be self defence, but he'll still be charged.
I have about 15 nail guns and have never seen a barrel on any of them
13:56 A nailgun doesn't have a barrel, so it can't be classified as a prohibited firearm.
The nailguns I've encountered have a tube which must be depressed for the nail to get shot through it. That tube is a barrel. Have you encountered nailguns of a different design?
(edit - I have no clue what a nail gum is, but it's certainly not what I meant to type)
Hope they press ALL the charges against him.
Ban assault nail guns now!
Hey, some of us use our fully automatic nailguns in a manner that is not dangerous to the public or ourselves.
These military style nailguns fire 10000 rounds a minute. 70% of nailguns in Chicago come from out of state.
😂
The “now!” Part is the more important. Just like any child with demands!
All nail guns are "assault" nail guns for the purposes any proposed legislation banning them. Don't forget to throw in "tactical" and "high capacity" in there, too!
Remember, every citizen is obliged to know all these laws, because breaking them by mistake is not an excuse.
All 581619 laws on the book... Yeah ...
Somebody forgot to tell judges, politicians, and civil servants who often do.
What mistake did he make? That all looked deliberate, no reasonable person would think using a nailgun as a weapon was legal.
@GamesFromSpace I'm not speaking about this guy specifically, just how convoluted most laws are.
They don't fly straight. More of an annoyance than anything
Intent to do harm, intent to use as a weapon, intimidating,
"If you're a lawyer, it's fun." 😂
I knew this topic would be educational. And indeed it was. Thanks Ian.
Lord have mercy! Law is so convoluted to me. I cannot! This is why I stay to myself like a hermit and am happy this way.
This is why you get a lawyer the millisecond you have a run in with the law
@@someweeb3650 Who can afford that?
@@CynnamonSpyderHonestly, anyone with the foresight that not doing so is probably going to be even more expensive. Beg and borrow if necessary.
This guy isn’t going to be building crappy decks for the foreseeable future.
Did anyone else think of the SpongeBob episode when he said 'sentence enhancers'?🤣🤣🤣🤣🤣
You can also just remove the safety on those nailers
I don't know specifically about that model but the one I shot myself with had had the spring removed to make it easier to press the cuff.
I mean dose a nailgun really have anything that would qualify as a “barrel” I am trying to picture my nail gun in my head and I really wouldn’t describe it as “barreled”
I came in the comments looking for this. I would agree there is no barrel, only supports nail on 3 sides. Barrel implies round. It’s definitely not round. I thought there would be more comments like this but surprised how far down I had to scroll to find the first.
From his actions, I was not surprised to learn who he was pointing the nailgun at. There's never any need to violently threaten protesters for vocally expressing their opinion, especially peaceful protestors
I wonder of someone could successfully argue that a nail gun doesn't have a barrel so therefore not a firearm under the act.
Every nail gun I've seen has a short barrel which must be depressed for the gun to fire. Maybe there are exceptions, but for the most part, I doubt it.
The housing for the piston would be considered the barrel.
It has 'gun' in the name. Therefore its a fully semi-automatic assault nailer with extended magazines and *shudder* BUMP FIRE!
You should cover the tattoo-gate scammer lawsuit. The owner of a tattoo studio scammed a client (and many others) out of $4000, and that woman spoke up about her experience on social media. Now the tattoo artist is suing her for $2 million for "defamation".
I’ve never seen a nailgun with a “barrel”, and the Milwaukee framing nailer definitely doesn’t have one.
I once tried to shoot a bag of garbage with a framing nailer from a distance of about 5 feet. The nails flew as if they were tossed by hand and didn't even penetrate the garbage bag.
It's pretty clear this guy wasn't intending to use the nail gun for "constructive" purposes.
Is this where the phrase "nailed him" comes from?
The "interesting" part of it is that nail gun doesn't have a barrel, it has a guide track 💁♂️
Just one question.......
If a firearm is a barreled weapon, where and what length is the barrel of a nail gun?
The barrel is where the piston is housed. The projectile doesn’t have to be at the beginning in the barrel.
What is considered a "barrel" on a nail gun? 🤔
Makes me shake my head both at the guy and how the law looks at this. I may or may not have shot buddies and been shot bye buddies multiple times with that exact nail gun. It may or may not have made us laugh.
As Trevor Moore once said, “Naaail Gun!”
Depends why he brought it and why it was out of the vehicle in the first place.
A nailgun is a tool that COULD be used as a weapon. So can a hammer, crowbar, shovel, rake, saw, etc. It is NOT a firearm. No FIRE, no FIREarm. Compressed air, does not create an explosion that would propel a bullet. There's also no barrel. There's a guide, but it's not a barrel. You can call almost ANYTHING a weapon, but not EVERYTHING is a firearm.
No FIRE, no FIREarm is not a legal argument, and in fact does not reflect Canadian law. The guide is a cylindrical tube, i.e. a barrel.
I think you should watch the video where Runkle goes through the definition of a firearm per Canadian law. It appears clarification is needed as far as whether the nailgun in the video has a piece the nail goes through that can be interpreted as a barrel.
The cops should watch this show!
I can't wait for Trudeau to introduce Nail gun licences...
trudeau is even afraid of nail cutters ....
In UK they have chain saw licenses. So?
Please don't tempt him
My understanding (from my apprenticeship) is that you are supposed to be licensed/certified to operate a powder actuated nail gun. Note: the gun in this video was not powder actuated
Hi Runkle 👋 Wow this is really complicated !!!
Does Canada not distinguish between assault and battery
Yes, Canada doesn't make that distinction.
265 (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Justin would ban Nail guns so house building slows.. Like hunting without guns.. 😊 I think that man is guilty..
Also according to the 81 sub 1 carrying while attending public, if I had a .22 round in my pocket is that technically breaking the law?
Brandishing the nail gun in a threating manner is the ctime.
So why can you buy a firearm without licensing since a nail gun is one hmmmm messed up laws eh!
does a nailgun even have a "barrel"?
I know that guy. He was in my school
Was he a douchebag back then as well?
Just lucky he didn’t bring latest Canadian army issued weapons, like the Mark II crossbow, or the GR III konk on the head rock
Joules? Feet per second? Newtons of force? What I see most relevant is would the guy the guy carrying it, his lawyer, the judge, or the prosecutor allow me to use it on them?
I recently watched an interview where you mentioned the new bill C63 could allow jury trials because of the life in prison maximum, my question is what sentence allows you a jury trial ? Thanks
I think if it’s an indictable offense.
6:32 You say the nail gun will exceed 5.7 joules limit but will be less than the 500fps limit, but there is an OR between the two criteria, not an AND.
This is an important point. I hope Runkle sees this, so he can clarify if he misspoke about the energy, or if he made a mistake regarding the law.
I came searching the comments for this. Glad I wasn't the only one that saw that. I thought maybe I just misheard what Ian said, but the law is definitely an OR not an AND.
I'd be careful about arguing that nailers are firearms, even in theory. Your PM might just unilaterally ban them and quadruple your already skyrocketing housing costs.
Oh, it's worse than that. First, depending on how "Public Meeting" is defined, having a nail gun while going almost anywhere is already a crime. Similarly, because the definition of a firearm is based on intent, many other things could be "firearms".
It's a classic state control tactic. If everyone is a criminal, then they can arrest whoever they want whenever they feel like it.
I don’t think the nail gun has a barrel. To meet that definition.
I saw you on the ctv posting you were awesome. you really educated the reporter and showed him a few things. I hope this is the start of bigger and better things for you
You're at a protest with a bunch of NPCs, that's your first problem.
Epic Pupper close. Also, threatening people with tools is kinda a dick move, regardless of the situation unless you are in immanent danger.
In my construction days I was handed a powder driven nail gun, I spent nearly an hour cleaning the thing. After that I spent 15 minutes at the end of each day doing more cleaning with an extra 15 on Fridays to wrap a lightly oiled rag around all the important bits. The job was 3 weeks long and I never had a problem though I was told the tool was a piece of crap.
Perhaps some men should not be allowed to play with some NOT toys.
I saw this video, I'm glad that you covered it
It's not going to be too long before Canadians will need a license to even have rocks in their front yard...
Assuming you do think it is ok to use it as as wealon?
*weapon
Don't give Trudeau any new idiotic crusades please. Didn't George Orwell warn us all about our current PM?
@@debshipman4697I'm assuming that you think it is not okay to use front-yard-rocks as weapons?
Glad you are feeling better
Oh, I want the follow-up video now.
Great video Ian, thanks for fighting through your illness to get this out. Hope you are feeling better real soon
What about mehboob rajwani? What did he say to Pasternak??
Common sense and context, to me, indicate it is to be considered a firearm. Nice to see that the law seems to provide for this eventual answer.
Definitely no barrel
The woman harassing him is Rainbow Karen she is continuously being offensive and is currently banned from Parliament Hill
QQ: Scaring people and their fear of being harmed wouldn’t that be considered assault?
Thinking of something now and posting it can land you in jail for life.
There is no barrel.
Looks like he got nailed
In addition to other features, it seems that lawyering can involving considerable mathing. 😉
Hi Ian I hope you're feeling better!
Does a nail gun have a barrel?
Thanks Ian! Informative as always!
Keep kicking butt in PT!!!