Man fired gun into air in road rage incident, police say - Page 2
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Thread: Man fired gun into air in road rage incident, police say

  1. #11
    Firing the gun in the air was not a good idea but pulling the gun if he felt threatened might have been. I do not know about the law in AZ but in Texas the penal code says the threat of force is justified if the use of force is justified. If he feared the possibility of danger of harm or death to either himself or his wife then he could have used deadly force to prevent it. Hence pulling a gun to stop and attack would be in order.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

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  3. #12
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    Quote Originally Posted by THE DUKE OF ESSEX View Post
    Okay I'm confused...According to Louis, Heath turned onto West Larkspur Drive and pulled into the driveway of his wife's home, where she then pulled in after him. The pickup truck drove slowly past the house and made a U-turn at the end of the street before coming to a stop in front of the home.

    From this point, the spokesman said, the suspect's, the pickup occupants' and neighbors' accounts vary, but at least one man got out of the pickup truck and began walking toward Heath, who was standing in the driveway.

    The guy is coming toward you after following you home and after pulling a U-Turn to come back when he could have just kept going? This doesn't sound like he just wanted to have a chat. When do you pull out your gun? (And yes the guy was an idiot for shooting into the air) What would be protocol in a case like this?
    Duke, here is where Mr. Heath first went wrong:

    "The altercation began on Olive Avenue near 99th Avenue in El Mirage. A road rage situation developed between Heath's wife in her vehicle and two men in a Chevy pickup truck, Louis said. Heath, driving another vehicle, then began cutting off the truck."

    Here is the second part Mr Heath did wrong:
    "but at least one man got out of the pickup truck and began walking toward Heath, who was standing in the driveway."

    Mr Heath was clearly invovled in the road range. It appears, that when the vehicles stopped Mr Heath was waiting for the other men with his firearm.

    When do you pull out your gun? In this case, you don't.

    IMO, the only way Mr Heath could of used deadly force was to be trapped in his vechile, or was chased on foot by the other two men, who were giving him the impression that his life was in danger.

    One don't get into an altercation, and then end it with a firearm, this is what Mr Health appeared to do.

  4. #13
    Thanks Iceman, If Heath was the instigator then he had no right to escalate the situation. Now it makes sense.

  5. #14
    Quote Originally Posted by Glock Fan View Post
    Laws vary from state to state. I'm not a lawyer, but do teach various firearms safety classes. Generally speaking, you don't use "deadly force" (as in pull a gun) unless you're faced with "deadly force" or "serious bodily injury". Again, not a lawyer, so this isn't "legal advice", so in lay terms, if they guy is doing something that can kill you (coming at you with a knife, speeding at you with a car, has a big rock in his hand, etc.), then "deadly force" would be appropriate. Contrary to what you might have seen on television, "fists of fury" don't count as "deadly weapons" or "serious bodily injury". In cases where it's man vs. woman, many courts have sided with the woman since in most cases, the man has a greater advantage over the women. As for two men going "quien es mas macho" in the street, it would have to be several men vs. on man in order for "deadly force" to be justified.

    I'm not an attorney, not giving "legal advice". Best thing to do is consult an attorney in your area who is familiar with firearms laws and would be able to advise you on self defense matters.



    gf
    I will not get into fisticuffs with another adult man. Many men have died at just the hands of another. If someone lays hands on me they had better be ready for equal or greater force being applied up to deadly force.
    Avidshooter (Texas)
    "The real destroyer of the liberties of the people is he who spreads among them bounties, donations and benefits." -- Plutarch

  6. Thanks for you all for your comments. I agreed you all. Shooting in the air isn't necessary it will comes down to hit on somebody. He shouldn't giving "warning shot".
    NRA Life Member

  7. #16
    Stop, BANG! or I'll shoot.
    Avidshooter (Texas)
    "The real destroyer of the liberties of the people is he who spreads among them bounties, donations and benefits." -- Plutarch

  8. #17
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    Quote Originally Posted by AvidshooterTX View Post
    OK, so two guys in a pickup truck are harassing your wife and you'd be ok with that. And then because he stopped one's advance by firing a warning shot he's a coward. So in your learned opinions in what situation would someone be warranted in pulling their firearm if not in this one? I don't know anything about the incident except what I read here but it's not clear to me who initiated and who had the road rage. For all I know this guy was the level-headed one and the other two were the ones that were enraged. After all, they were making a U-turn in order to continue the encounter.
    Nope sure wouldn't, I'd whip his ass. Notice I said HIS not THEIRS.

    One man, unarmed according to the account, approached him. Now unless he was elderly or crippled, he's a COWARD for pulling a gun on an unarmed man. He's also an IDIOT for firing a gun into the air and potentially putting an innocent person's life in danger.

    Now if BOTH men had approached, he would have been justified in putting his hand on the weapon and VERBALLY warning the two men that he was armed and justified in pulling it and using it to shoot them if they continued to approach.

    It's not a matter of learned opinion, it's a matter of law here in Kentucky.

  9. #18
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    Quote Originally Posted by AvidshooterTX View Post
    I will not get into fisticuffs with another adult man. Many men have died at just the hands of another. If someone lays hands on me they had better be ready for equal or greater force being applied up to deadly force.
    Then unless you are elderly or crippled, that makes you a coward too.

    Equal force for physical is physical, not deadly.

    Don't hide behind your gun, people get locked up for that.

    But you'll be alright, simply notifying most people that you are armed will be sufficient to make them back down because they are worried about someone like you shooting them because they just want to fight.

  10. #19
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    Quote Originally Posted by HK4U View Post
    Firing the gun in the air was not a good idea but pulling the gun if he felt threatened might have been. I do not know about the law in AZ but in Texas the penal code says the threat of force is justified if the use of force is justified. If he feared the possibility of danger of harm or death to either himself or his wife then he could have used deadly force to prevent it. Hence pulling a gun to stop and attack would be in order.
    See ours is a little different, it's the lesser of two evils here.

    The threat of physical force by an able bodied person against an able bodied person does not justify the threat of deadly force.

    Your expected to be a man here.

    Actually, reading your text again, you sure that's talking about deadly vs physical?

    To me it reads the same as ours, physical against physical, deadly against deadly.

    Also here in Kentucky, it's not about if you feel threatened, but if a reasonable man would have felt threatened. Otherwise we could all go around saying, "Well I felt threatened by deadly force." regardless of the actual facts of the situation.

  11. #20
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    Quote Originally Posted by AvidshooterTX View Post
    I will not get into fisticuffs with another adult man. Many men have died at just the hands of another.

    I have to completely agree with this poster. Granted, shooting into the air is a bad idea- but the details are hazy with regard to how it should have been handled in NORMAL situations like this. Assuming that this person was NOT the instigator and continued the "ordeal", if someone follows you, pulls up to your home, and gets out of the car to come after you- that may well be reason enough to draw.

    I know a good many people that if they get in striking distance of you, weapon or not, YOU ARE DEAD. Martial arts are NO joke! Do you really want to find out after the fact that the person coming at you was capable of this? After you are dead, a paraplegic, or broken into bits for the EMT's to scoop up and surgeons to put back together? After that type of person gets within range of you, you don't have much chance of drawing successfully. Sorry, its not worth the risk. Hopefully the simple act of drawing would deter the person, but if the moron kept coming after that, his intentions are more than clear.

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