Walter Isaacson's new biography of Elon Musk is such a fever dream of disconnected and bizarre anecdotes about the man that you almost find yourself skimming past the brief mention of him taking
While Elon’s then-partner Grimes was recording her part in the game as cyborg popstar Lizzy Wizzy, the erratic tech billionaire turned up with an antique firearm to “insist” on being included in the game. “The studio guys were like sweating,” Grimes is quoted as saying. Musk adds “I told them that I was armed but not dangerous”.
Apparently, the developers relented at the time, though it’s unclear if Musk did actually get the cameo in the end.
Sounds like assault with a deadly weapon, and if he took it out to show, then it’s brandishing. It doesn’t matter if it was non-firming because the target didn’t know that, and typically these laws are written to be what “a reasonable person would believe”.
Also, at the time this happened he was a known user of Marijuana and thus not eligible to own a firearm, as that rule had not yet been struck down.
If charged as a felony, you could be facing a sentence of two to four years in State prison. Regular assault (Penal Code § 240), is always charged as a misdemeanor offense.
The instrument used includes any type of firearm, knife, bat, car, or anything other type of weapon that could produce significant harm to the victim.
In order to prove a charge of assault with a deadly weapon, the prosecutor has to prove beyond a reasonable doubt that you assaulted another person and you used a deadly weapon or force that would likely result in great bodily injury.
An assault charge does not require that you actually make physical contact with or injure the person.
Thanks for the explanation! It sounds fairly similar to the law here, where it’s based on what a reasonable person would believe - so even waving a realistic toy gun at someone would get someone in trouble, if the person being threatened with it would reasonably believe it was real.
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US gun owner here:
It 100% warrants a call to the police.
Sounds like assault with a deadly weapon, and if he took it out to show, then it’s brandishing. It doesn’t matter if it was non-firming because the target didn’t know that, and typically these laws are written to be what “a reasonable person would believe”.
Also, at the time this happened he was a known user of Marijuana and thus not eligible to own a firearm, as that rule had not yet been struck down.
https://www.cronisraelsandstark.com/assault-with-deadly-weapon-penal-code-245-a-1#:~:text=Assault with a Deadly Weapon - Penal Code 245(a)(,four%20years%20in%20State%20prison.
If this was in California he is absolutely guilty of assault with a deadly weapon based on what he has admitted to personally.
Yep. I like guns. I like old guns. I wouldn’t show up to someone’s job telling them to include me in their project unless I was invited.
Thanks for the explanation! It sounds fairly similar to the law here, where it’s based on what a reasonable person would believe - so even waving a realistic toy gun at someone would get someone in trouble, if the person being threatened with it would reasonably believe it was real.
Don’t believe the marijuana + gun = federal crime has been struck down
In the 10th and 5th circuit it is iirc.
It’s still on the forms and the ATF can probably arrest you for it, but as of last month you would have 2 federal circuits of precedent.
https://www.forbes.com/sites/dariosabaghi/2023/08/10/drug-user-cant-be-barred-from-owing-firearms-us-court-rules/