United States v. Davis

I respectfully dissent. The majority has unfortunately constructed its opinion on a fundamentally flawed premise, that this is a case of first impression. The majority has also apparently engaged in a process of result-oriented wishful thinking, blurring the distinction between what the law perhaps should be and what the law, in fact, is. The issue in this case is very narrow and important. It is simply whether an unloaded firearm, when merely pointed at someone, is a dangerous weapon, as that term is used in Article 128(b)(1), Uniform Code of Military Justice, 10 U.S.C. § 928(b)(1),…