Originally published at: https://boingboing.net/2024/02/27/snowboarder-confronted-by-grouchy-rifle-wielding-man-video.html
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That snowboarder dude is annoying, but yeah, that’s not OK.
Not a lawyer, or an American, but does this constitute brandishing?
This at least says that Utah does have brandishing laws: Utah Weapons Criminal Defense Attorney - Wasatch Defense Lawyers.
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Yeah, I would think if you’re going to go skiing or snowboarding off of designated runs, routes, paths, or whatever they’re called (I’ve never been skiing, can you tell?), you should take care to make sure you know ahead of time where it’s ok to go and where private property is. However, that doesn’t give the property owner the right to threaten someone with a firearm. Whether he brandished the weapon or not is going to be heavily dependent on how that statute has been enforced in Utah. Reading the statute, it sounds to me like it would qualify, because he made the verbal threat. However, he also never raised the weapon or pointed it at anyone, so it’s just going to depend on how the courts have enforced that law. They may require that someone make a specific an immediate threat, where here, it seems like he was threatening to use the gun if they came back and trespassed again. Regardless, it’s a stupid thing to do. It’s escalating behavior, rather than deescalating. All he needed to do was wave the snowboarder down, say, “Hey, man, this is private property. Can you please spread the word among your friends to stop coming through here? I don’t want to have to make a big deal about this, and I sure don’t want to call the police, but if you guys keep trespassing, I won’t have a choice. Help me out here. Please.” And then go make sure the point where they’re entering your property is really well marked, including a no trespassing sign.
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I’m pretty sure the homeowner could be guilty of assault for the shove, depending on how the cops interpret it. There certainly was no reason for contact other than to convey a message of threat.
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He is confronted and pushed by an older male with a #Shotgun that is camped out on a chair waiting for skiers to come down the road.
“Hey, buddy, I’m sittin’ here waitin’ t’ get offended! Go do your ski-boardin’ somewhere else.”
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The guy has a chair set up. This has happened before. He’s done this before, just with out a camera, and he will continue to do it unless there are penalties.
If it is a private road near a trail and he is that butt hurt over people sliding down it, it would behoove him to mark it off better. String up some tape.
His and a bunch of other houses are on that road right next to 2 major #SkiResorts.
Or, you know, don’t move out by a ski resort and get pissy about it when there are skiers.
That would be like moving by a golf course and complaining about golf balls in the yard.
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Me neither, but it’s definitely brandishing as I understand it, and the shoves are assault.
That doesn’t sound like a private road, but there are plenty of examples of people with guns claiming everything is their property. It sounds as if one or both ski resorts have runs that feed into that road, in which case Mr. Fudd should have approached the resorts to block off access to it. There’s no point in putting a “No Trespassing” sign on a road once there’s no alternative route for a skier.
But backing up, what harm is being done? The snowboarder isn’t vandalizing the road or littering (not that that justifies pointing a gun at him)—he’s marginally compressing the snow. The American (and Canadian) approach to private property is strange anyway. From what I’ve read, in Scandinavian countries people have the right to walk anywhere as long as they are doing no harm.
Can someone tell me the meaning of Mr. Fudd’s question, “Are you an icon* user?”
*(or something)
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Fixed that for you
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The snowboarder is clearly on some kind of trail (snowmobile trail?). If that trail is actually on “Get offa my lawn” guy’s property, the first bizarre and insanely awful issue is grooming a trail that effectively funnels unsuspecting snowboarders from a resort straight in to the barrel of a gun. The second would be thinking a gun is a perfectly reasonable protection/enforcement mechanism for every situation. I could go on. 0_o
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i’m sure he’s referring to the IKON pass – it’s a multi-resort ski pass, good across the entire country and Canada, wherever there are resorts owned by Alterra Resorts Alterra Mountain Company - Wikipedia
100%. I hope those guys go and at least tell the resort about this. I’m sure they would be very interested to know a local is threatening their guests with a gun.
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Absolutely. Right to roam. Scotland has it, too. But then, they’re basically an honorary scandi country
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So… since Utah allows residents and nonresidents to carry a firearm without a permit, what would happen if the snowboarder, confronted by a gun-toting, aggro person, were to shoot the guy in self-defense?
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Oof. I wouldn’t trust the Alterra corporation to run a ski resort!
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Google Map of the area shows that the road in question is outside the northern boundaries of the Brighton Resort ski area and the Elk Park Ridge run. My guess is there is a back country path from the ski area that intersects with Old Prospect Ave that is probably popular with skiers looking to bypass the base of the mountain.
While this might be a private road servicing the small cluster of houses in the neighborhood it certainly doesn’t look like the exclusive private property of Mr. Fudd here.
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Certainly would seem like it!
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Not sure of Utah’s laws, but without violating any signs or barriers and without doing any damage, Elmer Fudd would be entitled to sue the snowboarder… and be awarded $1.
As for the countersuit, that could be a whopper.
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Well … look at the color of the snowboarder.
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Are you an “IKON user” - it’s a multi-ski resort pass.
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So ypu can claim assault for a shove but nothing for pointing deadly weapons. So Usian!
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