Kid Rock Pulled Out Gun During Interview: Was it Illegal? New Legal Analysis

During an interview with Rolling Stone, Kid Rock pulled out a gun in front of the journalist. He was also reported to have repeatedly used the N-word and was generally belligerent while under the influence of alcohol. Known originally for his raucous music and unique personality, Kid Rock has been coming under fire for his troubling public behavior.

While these may seem like a famed celebrity’s random musings and eccentric actions, some of his choices have serious legal implications. For instance, pulling out a dangerous firearm such as a gun can be grounds for legal action all on its own. 

Kid Rock’s Interview…With a Gun?

Rolling Stone journalist David Peisner joined Kid Rock in an interview about serious topics. The agenda included topics ranging from politics and ethics to his support of Donald Trump. After drinking some hard liquor cocktails paired with red wine, the musician became “drunk and belligerent,” according to Peisner. After the interview became increasingly heated, Kid Rock (born Robert James Ritchie) grabbed a gun behind his seat. 

The drama doesn’t end there, as Peisner also noted that Kid Rock repeatedly used the N-word when recalling stories. Throughout the interview, he also made concerning comments regarding multiple ethnicities, immigrants, and otherwise marginalized communities. “It’d be easy to label this as the rantings of a drunk racist, but as with everything that Ritchie does, it’s hard to know how calculated it all is,” Pesiner observed.

Kid Rock himself even acknowledged his inflammatory words. Regarding his behaviors both during and outside of the interview, he said, “I’m part of the problem.” 

Kid Rock’s Troubling Behavior 

Kid Rock has become a polarizing character in the media. He has taken pointed and outwardly aggressive stances on various political issues. This has won the hearts and hatred of many. Some of his most controversial moments include supporting and attending Donald Trump’s rally during the global pandemic, using homophobic and transphobic slurs on stage, and refusing to shut down his establishments during the pandemic. 

Most recently, he was under fire for his retaliation to a sponsorship that transgender influencer Dylan Mulvaney had with Budweiser. Kid Rock posted a video of him shooting Budweiser boxes with an assault rifle, urging people to boycott the company.  

Brandishing a Weapon 

A level of seriousness should be considered when Kid Rock pulled out his gun. On top of his alleged hate speech and irresponsible drinking, his behavior with a deadly firearm is something that could be a crime. More specifically, Kid Rock technically “brandished a weapon”, which is a charge that involves the display of a deadly weapon. Brandishing a weapon falls within California Penal Code § 417. Quoting directly from the penal code: 

“Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel”.

With the limited information we have, it is hard to judge whether Kid Rock would fall under this penal code. For him to qualify under brandishing a weapon, it would have to be in a threatening manner meant to intimidate or cause anxiety.

State Legal Codes Regarding Brandishing Weapons

Keep in mind that every state likely has unique laws concerning the use and abuse of firearms. Generally, brandishing a firearm is a misdemeanor in most states, but the penalties and rules differ between each. Take, for instance, California’s laws about brandishing firearms. In California, it is deemed illegal to brandish within the “presence” of anyone. It can be considered brandishing even if the person in question isn’t aware of the firearm. 

Even within the same state, rules can become tricky. For example, California’s laws have differing fines depending on what public space you brandish a weapon in (ranging from general spaces to schools and daycares). 

While there is a lot of variability between the states regarding brandishing firearms, some factors tend to impact the legalities in each state. For instance, when considering the offense of brandishing a firearm, law authorities tend to observe: 

• The intent of the person brandishing a firearm. 
• The location in which they brandished a firearm. 
• The relationship of the people involved. 
• How many people were involved in the situation. 
• If there were any extrinsic factors impacting the situation. 

Conclusion 

In another unfortunate interview, Kid Rock pulled out a gun in front of a journalist. When paired with his other controversial actions, it brings into question his moral standing. Many are left wondering whether these are really his true thoughts or if he simply wants publicity. Regardless of his motives, one thing is clear from the interview: the interviewer could have been able to prosecute him for brandishing a deadly weapon.