Man who said ‘I will shoot any woman any time for any reason’ has confiscated guns returned by judge
Charles Donnelly also posted online photo of himself holding two AK-47-style rifles with caption 'one ticket for Joker please'
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Your support makes all the difference.A man who had his guns confiscated after writing on social media that he would “shoot any woman any time for any reason” has had the weapons returned to him by a judge.
Charles Donnelly, 23, also posted a photo of himself holding two AK-47-style rifles with the caption, “One ticket for Joker please”, a reference to the movie, online.
Authorities in his home city of Seattle, in the US, were so alarmed by the posts – which also included fantasies of hurting women – that they used new red flag laws to seize the 23-year-old’s weapons.
The haul included three handguns and three rifles, including an AK-47-style rifle and magazines.
But the whole arsenal – all legally owned – was returned to him after he appealed the action in court, claiming the posts were jokes meant only for his friends.
A judge accepted his arguments and handed them back, The New York Times reports.
Kim Wyatt, the prosecutor who lead the action against Mr Donnelly, told the October hearing that his posts “implied [a] threat of a mass shooting”.
She had him read some of his other online messages back to the court. “Kill all woman,” said one. “Prowling the Seattle streets for women to assault,” came another.
“We would ask the court to balance the community safety needs versus the temporary deprivation of Mr Donnelly’s rights to possess firearms,” Ms Wyatt said.
But the gun-owner claimed the messages were, in fact, mocking online misogyny and violence.
The Joker post, he said, was riffing on a larger “tickets to Joker” meme in which internet users stereotyped the kinds of person who would attend the movie. One of the guns in the picture, he said, was not even his.
Derek Smith, his lawyer, highlighted the fact that Donnelly had no criminal record and described the weapons seizure as an intrusion on both his First Amendment and Second Amendment rights.
“It is crystal clear to Mr Donnelly that the state is looking over his shoulder, watching everything that he posts, and that if they don’t follow the joke, then they are going to come after him for a violation of his rights,” Mr Smith said.
Judge Averil Rothrock took his side. “The statute is not written such that the court can give the benefit of the doubt to law enforcement at the expense of Mr Donnelly,” she said.
Speaking afterwards, the gun-owner said he was not an activist and supported some use of red flag laws.
“I feel like there are cases where it can be a good thing and cases where it can be a bad thing,” he said.
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