You missed my point.
in both of those instances, the subject HAS done something to further the act. He has a gun, he has prepared gear to do "something", he has gone to a location where opportunity exists, he has the capability to inflict harm or commit some crime, while he has not, as yet, begun to inflict jeopardy, his "actions" thus far, have risen to the level where it has gone above simple suspicious activity, and a law enforcement officer, or anyone worth his salt, would investigate.
Your original post implied only capability, with nothing further having been done yet. He's still sitting in his living room, ranting on social media about something he wants to do, but has not done anything yet.
but in your scenarios, he has. The triangle is Capability, Opportunity, Jeopardy. and I would have to show all 3 exist or that the first 2 exist and that the threat of jeopardy is immediately present.
Even with that, I think we're saying the same thing, just the difference between over view and drilling down to details.
So, let's go back to the night of the Dallas shooting. You see Micah Johnson, gun in hand, setting up his sniper position. Now, he has yet to fire a single shot. You're gonna wait for him to pull the trigger? No, you're going to draw down on him, and if he doesn't do exactly what you tell him, you're going too dump at least two center mass.
Let's take a different tack. You see Abdul get out of his car in front of Wally World, AK-47 in hand, shouting "ALOHA SNACK BAR!!!" You gonna wait for the bodies to start piling up? At this point, no crime has been committed, you just have a guy exercising his first, and second amendment rights, right?
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