But the world is full of stupid people, what's obviously fake to me may not be to someone else. Maybe this chap who had the gun in Paris thought it was obviously fake too. If the journalist was laughing with them about it, one would assume it was obviously fake. I just find it hard to believe that the French state might prosecute Pippa when, for all we know, she had no idea this guy had a toy gun on him until he brought it out.
Whether Pippa would be prosecuted or not would depend on several points:
- Prior knowledge of the gun
- Intent to be part of illegal, dangerous or potentially dangerous activity
- Intent to cause harm to or endanger third parties
- Deliberately making third parties believe the gun was real and posed danger
- Assuming the gun was fake, if Pippa had no prior knowledge of it and had no intention to take part in an illegal activity of any sort, she would highly unlikely be prosecuted or even cautioned. I should note, however, that if the paparazzi in question were not aware the gun was fake and believed he was in real danger when it was pointed at him, he could file a complaint and it would be upon French authorities to decide who and how was prosecuted. Similarly, if any incident happened because of the gun, all of them would be held responsible.
- If the gun were real, Pippa would be prosecuted whether she knew of its existence or not. If it is proven she didn't, and that she had no intentions to participate in any illegal activity, most likely she would be just fined or cautioned. Basically, in this case she
would be responsible for the actions of those whose company she willingly and knowingly shared. If she did know of the guns existence, the actual punishment would depend on prosecutors and any deals they would make with Pippa's lawyers. Assuming no illegal activity was intended on Pippa's part, actual jail sentence would be highly unlikely. In France, the maximum penalty for illicit possession of firearms is
seven years prison and a fine. In this particular case, if the gun were real, apart from possession they (the holder of the gun and possibly, the others in the car as well) would be charged with threatening a person's life.
The eventual sentence would also depend on the type of gun; if it were a military one (for example, according to French classifications, a 9mm), the punishment would be much more severe than if it were a civil one (for example, a .357 Magnum).
One more thing concerning gun laws: in France, carrying a firearm (or what can be mistaken for a real firearm)
in plain view in a public place is prohibited. However,
carrying a concealed firearm in a public place is allowed, subject to a valid permit. So, until the young man actually pulled the gun, he wasn't breaking any laws just by carrying it, whether the gun was real or fake (assuming he had permit for the gun, of course).
My brother and cousins are lawyers with pretty high-ranking law firms in France; having lived there for most of my pre-teen and teen years, I know the country's laws pretty well. My wording may not be very accurate because I'm doing a sort of mental French-English translation, but that's basically how the law works. Of course, there are a lot of exceptions; good lawyers (and all those in the car are very much capable to hire the best) would be able to find a lot of loopholes I'm not aware of - unlike my siblings, I'm not a lawyer.