15

At what point during the lead-up to the assassination of JFK did Lee Harvey Oswald first break the law (and could therefore legally be stopped)?

As far as I can tell, he purchased his rifle legally, he was allowed to possess that weapon (under the 2nd amendment). Bringing the weapon to his place of work with the rifle wrapped in bag of curtain rods wasn't unlawful. The book depository was his place of work so he wasn't even trespassing when he set up his 'snipers nest' and if he didn't discuss his plans with anyone else, then there was no conspiracy.

So until he squeezed the trigger he hadn't committed a crime? If a police officer has seen him with a rifle that morning, could he have (legally) stopped him?

(this question starts with the premise that the 'lone nut' hypothesis is correct. For the purposes of this question please assume it was)

Update - I understand that planning and/or intending to commit a murder is in itself a crime, but I'm more interested in what physical act he might do that was irrefutably a crime (without the need to delve into his mind). As I understand it, he could have been caught on the 5th floor cleaning his weapon and simply claimed he was preparing it for going hunting the following weekend?

12
  • 6
    "he was allowed to possess that weapon (under the 2nd amendment)": I don't think that the second amendment was particularly relevant under the interpretation that prevailed in the 1960s. "Bringing the weapon to his place of work with the rifle wrapped in bag of curtain rods wasn't unlawful": how do you know that? Commented Mar 20, 2025 at 11:45
  • 7
    @phoog: We have to assume something is lawful (not unlawful) in the absence of specific laws. If you can show a law that would make that act unlawful, you have a concrete answer to this question. Commented Mar 20, 2025 at 13:30
  • Do we know what the laws were around bringing a gun onto the school campus was at that point in time? Commented Mar 20, 2025 at 14:47
  • 9
    @JoeW If you're talking about the Texas School Book Depository, it wasn't a school, but a privately owned distribution company that sold textbooks. Commented Mar 20, 2025 at 17:45
  • 1
    @MSalters if the question is "is X legal" then assuming the absence of a law prohibiting X is begging the question (in the petitio principii sense). I imagine there might have been a law criminalizing various preparations for a crime, perhaps the concealed transport of a firearm with an intent to use it in the commission of a felony or something along those lines. I don't know, and I don't particularly care to take the time to look it up, which is why I just asked. Commented Mar 20, 2025 at 20:02

4 Answers 4

16

Generally speaking, you don't need to complete a crime to be charged with it, as you can simply be charged with attempting to commit the crime. And even then, you don't need to pull the trigger and miss; it's enough if you intend to commit the crime and take substantial steps toward doing so.

An attempt to commit crime is composed of two elements: First, the intent to commit; second, a direct, ineffectual attempt towards its commission. It may be further defined as consisting, perhaps, of three elements; the intent to commit the crime, the performance of some act toward the commission of the crime, and the failure to consummate its commission. It falls short of the thing intended.

Shipp v. State, 81 Tex. Crim. 328, 333 (1917).

If the same events unfolded today, they would be prosecuted under the federal attempted assassination statute, so the gunman would commit an offense once he had taken any step “constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.” United States v. Duran, 96 F.3d 1495, 1508 (D.C. Cir. 1996).

Duran had purchased a rifle, ammunition clips, and an overcoat large enough to conceal the rifle (all of which he would eventually use in firing toward a man on the White House lawn who resembled the President), then traveled to Washington, D.C. and stood by the White House gate with the rifle and ammunition concealed. The jury had ample evidence, then, from which to conclude that Duran purchased weapons, ammunition, and the overcoat, traveled from Colorado Springs to Washington, D.C., and stood in front of the White House for several hours with the weapons and ammunition on his person, with the purpose of assassinating the President. Furthermore, the jury was entitled to find that these acts constituted "substantial steps" taken in pursuit of this objective.

I don't know that much about Oswald, but my understanding was that he bought the gun months earlier, for a totally separate crime, so the purchase likely wouldn't trigger criminal liability in connection with the JFK assassination.

Instead, I'd think that his request for a friend to drive him to pick up the gun would constitute a substantial step sufficient to trigger criminal liability. If not, bringing the gun into the depository would certainly be enough.

9
  • This is a good answer, but finding a similar case law from pre-Oswald times would solidify that a contemporary (60's) court would have produced a similar finding. Commented Mar 20, 2025 at 19:33
  • 7
    @Yos233 you won't find such a case because the statute was enacted in 1965 ("Added Pub. L. 89–141, § 1, Aug. 28, 1965, 79 Stat. 580"). I understand that it was enacted directly in response to the Kennedy assassination because there wasn't a serious enough federal crime available to charge Oswald with, which is why he was in the custody of the local police rather than the FBI. A historical answer to this question would have to be based on the criminal codes in effect in 1963, and (again, if my understanding is correct) it will be more likely to identify Texas crimes than federal. Commented Mar 20, 2025 at 20:12
  • 1
    There may have been rules at the book depository about bringing weapons to work - I've seen such workplace rules even in otherwise very gun-friendly states, though those aren't necessarily laws. It could maybe be grounds for workplace disciplinary action or even termination, but not legal action. I know it's Texas, but even in Texas they might be fine with someone coming to work with a handgun on their person, but a sniper rifle may be another matter entirely. Commented Mar 20, 2025 at 21:35
  • @phoog Fair point -- I was thinking the statute had been enacted for an earlier assassination, but it looks like it was actually JFK. I've updated to discuss the state-law rules for attempted murder that would have been in effect at the time. Commented Mar 20, 2025 at 21:56
  • 3
    @phoog it has been a federal crime to murder a federal official since at least 1948. law.cornell.edu/uscode/text/18/1114 Attempt crimes are covered in general for all federal crimes. The 1965 statute was just a re-codification of laws related to conduct that was already a federal crime to give the appearance of taking a tough stand against Presidential assassins by enacting a new federal statute that broke a general prohibition on murdered federal employees and officers into specific subtypes. Commented Mar 21, 2025 at 3:37
11

This answer expands on the other answers, which I don't disagree with, to answer a secondary part of the question.

I understand that planning and/or intending to commit a murder is in itself a crime, but I'm more interested in what physical act he might do that was irrefutably a crime (without the need to delve into his mind).

None.

All relevant crimes have an intent requirement.

Even once he fired the shot, there is an intent requirement that requires delving into his mind. If the case had gone to trial, he could have argued, for example, that he was just cleaning his rifle and accidentally happened to fire shots at the President. And, if a jury believed him, that would provide a legal basis to acquit him.

Proof is distinct from when someone has first committed a crime. It isn't terribly uncommon for law enforcement to lack proof that someone committed a crime for decades after it is committed, or even never. A huge share of all crimes are never "cleared" (i.e. "solved or rendered moot").

6
  • 1
    I'd think some of Oswald's physical actions were illegal without knowing anything at all about his frame of mind. Isn't pointing a loaded gun at a person a crime no matter what you intend to do? Intent will help determine exactly which crime it is, but I expect it's still a crime with any intent or no intent at all - he might be acquitted of murder/assassination if the jury agreed he accidentally shot the President, but he may still have committed some lesser crime like recklessness just by pointing the weapon (even accidentally). Commented Mar 21, 2025 at 13:44
  • "Isn't pointing a loaded gun at a person a crime no matter what you intend to do?" No. Intent is required for essentially all crimes except strict liability traffic offenses. If anything, a higher threshold of intent is particularly important for pointing a gun at someone. Physical actions are virtually never sufficient standing alone. Commented Mar 21, 2025 at 16:00
  • 1
    @JFabianMeier But the distinction still matters because a jury if free to make or not make whatever inferences it deems fit from your actions. It is still working within the framework of trying to determine someone's state of mind from their actions. Commented Mar 21, 2025 at 16:17
  • 1
    @ohwilleke Establishing mens rea is required for most crimes, but don't crimes like negligence arise specifically out of a lack of intent? Something might not be a strict liability crime defined by the act alone, but I'd think it could still be a crime even with the lowest level possible of intention. I'm having a hard time imagining with what intent it would be not a crime to kill an innocent person. If the person is innocent, wouldn't you have committed some crime whether you shot them for revenge, or because you mistakenly thought they were robbing you, or even just misfired the gun? Commented Mar 21, 2025 at 16:59
  • 4
    @NuclearHoagie Even negligence, and in particular "criminal negligence" is a level of intent that needs to be proved. Mere civil negligence is not sufficient for criminal liability. It requires what would be called "gross negligence" in a civil lawsuit which basically amounts to patent disregard for a known and obvious risk. Most accidental deaths caused to an innocent person do not give rise to criminal liability. Generally a mistake about being robbed or accidentally misfiring a gun for reasons other than "gross negligence" are not crimes. There might be civil liability then, at most. Commented Mar 21, 2025 at 17:59
4

When he first took a step towards the murder with the intention of committing that murder

You say “without the need to delve into his mind”, but that is precisely the finder of fact’s role. For any crime with an intentionality element, the jury must “delve into his mind”; just as they would have to do if he had been arrested after the assassination — they would have to determine if he intended to kill the President by firing a rifle at him three times.

So until he squeezed the trigger he hadn't committed a crime?

No, he had committed a crime when a) he decided to murder the President and b) he had taken a concrete step towards fulfilling that intention. At that point he had committed attempted murder; once the President died, he had committed murder.

That is the law. At what point in the chain of events, the prosecution has enough evidence to convince a jury beyond reasonable doubt has a practical relevance, but many crimes are committed which can’t be proved every day. Different juries might be convinced at different points, and that’s fine — reasonable people can differ on the facts, but the law is what it is.

If a police officer has seen him with a rifle that morning, could he have (legally) stopped him?

Once the police officer had probable cause they could effect an arrest.

One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v. Ohio (1964), that probable cause exists when “at [the moment of arrest] the facts and circumstances within [the] knowledge [of the police], and of which they had reasonably trustworthy information, [are] sufficient to warrant a prudent [person] in believing that [a suspect] had committed or was committing an offense.”

Is it suspicious that Lee bough or owned a gun? No, lots of people do that. Is it suspicious that he concealed it in a bundle of curtain rods to bring it to his place of work which was right next to the route that the Presidential motorcade would pass? Probably. Is it suspicious that he set himself and the gun up in a window that was a perfect sniper’s nest to shoot at the said motorcade? Yes.

2
  • 2
    So, just to clarify: if I buy a gun and brag to my friends that I bought this gun to commit a murder, then that is already enough to convict me of attempted murder even if I'm arrested long before I even tried to put my plan into motion? The fact that I have declared my intentions (told a friend) and taken a concrete step (bought a weapon) would suffice? Commented Mar 21, 2025 at 17:07
  • 5
    @terdon only if you weren’t bullshitting. Which is something the jury would have to decide. Commented Mar 21, 2025 at 22:39
0

First time if he bought a gun with the intent to shoot somebody. If he bought a gun for target shooting at a gun club it would have been legal. At this point if a police officer had arrested him, it would have been awfully difficult to prove he committed a crime (attempted assault); attempted murder would have been even harder to prove.

With every step further to the murder, it would have been more obvious and easier to prove he wanted to commit a crime. Setting up a point to shoot from would have been attempted assault beyond reasonable doubt.

10
  • 1
    "First time if he bought a gun with the intent to shoot somebody": which crime is that under which criminal code, and did it exist in 1963? Commented Mar 20, 2025 at 20:15
  • 2
    Even if this is true, it's not clear how this would allow him to "legally be stopped" unless he told someone that he was buying a gun for this purpose. Commented Mar 20, 2025 at 20:23
  • 1
    @phoog The crime would have been attempted murder or attempted assault and it was on the books in Texas in 1963 (and attempted Presidential assassination was also a federal crime in 1963). Attempt consists of intending to commit a crime and taking a definitive step towards doing so. Proof is distinct from when someone has first committed a crime. It isn't terribly uncommon for law enforcement to lack proof that someone committed a crime for decades after it is committed, or even never. A huge share of all crimes are not "cleared" at any time. See en.wikipedia.org/wiki/Clearance_rate Commented Mar 21, 2025 at 0:00
  • 4
    @phoog it has been a federal crime to murder a federal official since at least 1948. law.cornell.edu/uscode/text/18/1114 Attempt crimes are covered in general for all federal crimes. Commented Mar 21, 2025 at 1:12
  • 2
    @ohwilleke from the Warren commission report: "There was no Federal criminal jurisdiction over the assassination of President Kennedy. Had there been reason to believe that the assassination was the result of a conspiracy, Federal jurisdiction could have been asserted; it has long been a Federal crime to conspire to injure any Federal officer, on account of, or while he is engaged in, the lawful discharge of the duties of his office.212 Murder of the President has never been covered by Federal law..." archives.gov/research/jfk/warren-commission-report/… Commented Mar 22, 2025 at 1:12

You must log in to answer this question.

Start asking to get answers

Find the answer to your question by asking.

Ask question

Explore related questions

See similar questions with these tags.