United States v. Turner

That portion of the majority opinion concerning the assaults in this case has at least

four flaws. The first and perhaps the most serious flaw in the majority approach is that it leads to bizarre results. For example, if an accused approached his victim with an unloaded pistol concealed in his pocket, he could subject himself to a felony conviction and the maximum punishment of a bad-conduct discharge and confinement for one year for carrying a concealed dangerous weapon.1 If an accused approached the same victim with an unloaded pistol and pointed it as if to fire, the result under the…