Can an individual commit an assault with a semiautomatic firearm even if the firearm is unloaded and used as a mere bludgeon?
California, United States of America
The following excerpt is from People v. Aguayo, 237 Cal.Rptr.3d 338, 26 Cal.App.5th 714 (Cal. App. 2018):
6 By analogy, an individual can commit an assault with a semiautomatic firearm ( 245, subd. (b) ) even if the firearm is unloaded and used as a mere bludgeon. (See People v. Miceli (2002) 104 Cal.App.4th 256, 270, 127 Cal.Rptr.2d 888.)
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