Solvang Man Arrested for Brandishing Firearm

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Solvang Man Arrested for Brandishing Firearm
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Source: Santa Barbara County Sheriff's Office

Deputies arrested a Solvang man for brandishing a replica firearm at the Santa Ines Mission. On Sunday, July 25, 2021, at approximately 4:47 p.m., Sheriff’s deputies responded to the Santa Ines Mission for a report of a subject with a gun. A caller to 9-1-1 reported seeing a Hispanic male with a red and black flannel shirt and grey hat turned backwards was walking into the garden area of the mission with a handgun in his hand.

Deputies arrived on scene where they quickly established a perimeter and began evacuating the area for the safety of the public while they searched for the suspect. Deputies located the suspect within their search area and took him into custody without incident. The suspect, 23-year-old Jeckson Murcia of Solvang, had a replica handgun tucked into the waistband of his pants when he was taken into custody.

Murcia was arrested for brandishing a firearm (felony) and booked at the Main Jail. Murcia was released without bail pursuant to the local court’s extension of Emergency Rule 4.

The Sheriff’s Office would like to acknowledge the safe and quick decisions made by the reporting party in this indent. This reporting party went to a safe area, called 9-1-1 and provided a clear and accurate description of the suspect which greatly aided in deputies’ ability to identify and apprehend the suspect.

 

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Henry Sarria Jul 26, 2021 03:35 PM
Solvang Man Arrested for Brandishing Firearm

Hey Sacjon, here you go man! Another "replica" handgun. This 1's a Crossman P1 full auto, it's a CO2 pellet or bb handgun, the continuous gas supply makes for repeated shots. The scary thing is that this 1's pretty similar in appearance to a Beretta 92FS. Look em' up, they WAY similar!

sacjon Jul 26, 2021 03:42 PM
Solvang Man Arrested for Brandishing Firearm

Henry - Haha yup! Yeah, I have plenty "replica" bb guns and airsoft guns, but I would never refer to them as "replicas." Why don't they just say what they are? It's a pellet gun designed to look like a "real" gun. "Replica" sounds like a stage prop or something. Weird.

yacht rocked Jul 26, 2021 03:49 PM
Solvang Man Arrested for Brandishing Firearm

Imagine going through life with people constantly telling you that Jackson has an "a", not "e", and your parents can't spell. No wonder he's angry, heh.

edney Jul 26, 2021 06:42 PM
Solvang Man Arrested for Brandishing Firearm

The brandishing charge doesn't let you "fake" a threat of deadly violence.
PC 417.4.
"Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in subdivision (a) of Section 16700, in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not less than 30 days."
For the sake of brevity they condense it to brandishing a firearm, but charge PC 417.4 which has the words "imitation" in it

here is the definition referred to above:
a) (1) As used in this part, “imitation firearm” means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.

"It's a pellet gun designed to look like a "real" gun. " Yes. Always better to use 11 words when writing a report rather than 1, "replica". You could also call it "A pellet gun designed to replicate a real gun"

Henry Sarria Jul 26, 2021 04:39 PM
Solvang Man Arrested for Brandishing Firearm

Sacjon, as somebody who has family in law enforcement back in FL, I can't tell you how many countless stories of somebody brandishing 1 of these "wannabe" weapons has been shot because the weapon was thought to be a real handgun. Therein lies the problem.
If you're a responding officer on a call of somebody flashing a gun, you arrive on scene, there's a suspect wavin' what appears from a distance to be a real handgun, well, ain't gonna turn out good for the suspect.
The manufacturers make them to resemble a real firearm, so by all definition in the gun world, it's a replica. We could call it a "scale model" like w/ model airplanes, cars & rockets, but that trul won't seem fitting.
Hell man, back in the day (yeah, I'm old) I even used to have a Daisy replica of a .30 caliber M1 carbine, looked like the real thing from even a close distance.
Another thing I gotta add too, sometimes movie makers do get these pellet pistols & such as movie props because they do resemble the real thing.
Then there's civilians vs. those carrying these "replicas" out to commit crimes. The average person for the most part can't tell if it's real or not. That's an advantage to the criminal who wants the victim to fear them. If it's dark out or the weapon is slightly concealed, there's a certain bit of fear said weapon creates.
I think it's been mentioned here before, but remember the 2 guys that got caught lurkin' in the Chumash parking lot on meth, 1 had an illegal fixed blade knife in his backpack along w/ a "replica" airsoft pistol that was a copy of a Glock 17 or 19. You know how they were gonna use that!

JB86 Jul 26, 2021 07:11 PM
Solvang Man Arrested for Brandishing Firearm

I don't get why the Sheriff's release called the charge a felony. From the scanner traffic he didn't threaten anyone, but did have the item in his hand at some point near other people, so my bet is that what's filed will be a misdemeanor. Hopefully he at least got a referral to Behavioral Wellness.

Luvaduck Jul 27, 2021 08:00 AM
Solvang Man Arrested for Brandishing Firearm

Replicas belong in display cases or on stage not in action. If they look like the real thing, branishing them should be treated as branishing the real thing since the person or persons at gun point can't tell the difference. If they respond--or the police respond--by shooting the branisher, so be it. A replica weapon isn't a GI Joe and neither is the brandisher.

mtndriver Jul 27, 2021 10:29 AM
Solvang Man Arrested for Brandishing Firearm

I was also confused by the term "replica", since it is a weapon that can fire something--pellets, bbs? I imagined a replica was something that was just for show, like a toy or a movie prop. Being completely unfamiliar with firearms, if I saw that thing in someone's hand, I would definitely think it could kill me.

Henry Sarria Jul 27, 2021 12:42 PM
Solvang Man Arrested for Brandishing Firearm

Bottom line is basic: If you wield what appears to be a weapon, especially 1 designed to resemble a real firearm, yeah, you can expect a PC 417.4 & that's that.
Kind of like assault w/ a deadly weapon, it doesn't have to be a gun or knife, it can be a 2" x4" or a hammer or in the recent murder case, a 2" x 2" x 33.5" steel bar, a rock or broken bottle.
It ain't the tool used, it's the act committed & if said tool was used in the commission of said act & that's the determining factor.

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