Hypothetical Question
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Thread: Hypothetical Question

  1. #1
    Join Date
    Jun 2010
    Location
    RV traveling the 48 states
    Posts
    7

    Hypothetical Question

    I'm a retired male of small stature. My question is...at what point in a confrontation in a public parking lot, place, etc. could I legally pull my concealed weapon to defend myself if/when confronted by a male individual half my age, twice my size, with a out of control temper, but no visible weapon in his hand? Assuming I have already retreated to the point of "no where else to go".

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  3. #2
    Join Date
    Oct 2010
    Location
    Spring City, TN USA
    Posts
    10
    In most states it's when you "feel" in fear of life or limb. But you should know the laws your in. When you have no other out and you're in fear of bodily harm or death, even if you fear bodily harm or death of someone you're with or a bystander it's usually justified. But if there is the slightest "out" for you or the other you best take it cause if you don't and you go to the "next" level. The law will hang you. And given today's jury gene pool it might not work out.

  4. #3

    when to pull out your weapon

    Quote Originally Posted by armed traveler View Post
    I'm a retired male of small stature. My question is...at what point in a confrontation in a public parking lot, place, etc. could I legally pull my concealed weapon to defend myself if/when confronted by a male individual half my age, twice my size, with a out of control temper, but no visible weapon in his hand? Assuming I have already retreated to the point of "no where else to go".
    As for LEGAL, I'd say check the self-defense laws in your state/jurisdiction. Most self-defense law looks for use of force that is proportional to the threat.

    Common sense would be to pull out your gun when you feel there is an imminent threat of great bodily harm or death. I think that the fact that the person is twice your size and half your age would be considered a "weapon" if he chose to attack you.

    Safe travels to you!

  5. #4
    JSDinTexas Guest

    Here is TEXAS law, not necessarily your state

    PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A
    person is justified in using deadly force against another:
    (1) if the actor would be justified in using force against the other
    under Section 9.31; and
    (2) when and to the degree the actor reasonably believes the
    deadly force is immediately necessary:
    (A) to protect the actor against the other's use or attempted use
    of unlawful deadly force; or
    (B) to prevent the other's imminent commission of aggravated
    kidnapping, murder, sexual assault, aggravated sexual assault, robbery,
    or aggravated robbery.

    And there are a lot of other factors in this law that must be understood, but this is part of it ...

  6. #5
    You can run... but you'll just die tired. 3%

  7. #6
    JSDinTexas Guest
    +1 to OldOwl cause if BG is within 20 ft, I consider he is in my face and requires immediate response.

  8. #7
    Join Date
    Jan 2010
    Location
    Butner, North Carolina, United States
    Posts
    362
    You raised a very good question. It would be a compelling challenge even for an experienced Attorney to know the gun laws of every state! But I feel that if you would be justified to use deadly force you felt there was an eminent threat to either you or someone in your company, and you had absolutely no chance of evading the confrontation. Sometimes the simple act of exposing your weapon will make the BG retreat.
    MSgt, USAF (ret), Life Member - NRA, Life Member - NAHC,
    Life Member - NCOA, Member - USCCA, Member - NCGR,
    Member - Oathkeepers

  9. #8
    JSDinTexas Guest
    "Sometimes the simple act of exposing your weapon will make the BG retreat. "

    I would never start an arguement here, and the variables are infinite, but I made up my mind a long time ago that if I show the weapon, I will use it. So I look to not getting to that level. If a perpetrator is coming toward me, I will assume a defensive posture, put up my left hand as if one is saying to stop, put my right hand hovering over my firearm and in a loud and direct voice say, "DO NOT APPROACH!" If they keep on coming - so be it.

  10. #9
    Since I started CC 5 years ago I have felt under threat twice. I can say, it is very stressful and traumatic and if I didn't have years of martial art training which teaches you to stay calm and focused and cause the opponent to lose their cool, I might have made the wrong decisions. Both times, once I thought the other guy was drawing a pistol when I caught him starting a fire, and another when I was cornered and thought the out of control irrational guy was coming for me and then brushed right past, I turned my gun side away from them, cleared the holster and put my hand on the guns handle. Neither of them were ever aware that I was half a second from drawing my gun. In both cases, once the adrenalin rush was gone I decided that I had waited too long, and in both cases could easily have become a victim. But in reality, nobody was hurt.

    I don't know about most people, but I know that the idea of killing somebody stresses my mind terribly. The second time I mentioned above, a distraught customer at a car impound lot which adjoined one of my clients yards was heading toward me in a rage screaming and cursing God. I thought he had mistaken me for an employee there and was going to take his rage out on me. Later on, I was at another clients miles away, and reached into my bag for an invoice and found I had put my semi auto in there with one in the pike and the hammer was back, still in the holster. I could have shot myself by mistake! I don't even remember cocking it.

    I think we can make our own rules and scenarios in our heads, but we will never know when the time comes, until it comes.
    You can run... but you'll just die tired. 3%

  11. #10
    Quote Originally Posted by armed traveler View Post
    I'm a retired male of small stature. My question is...at what point in a confrontation in a public parking lot, place, etc. could I legally pull my concealed weapon to defend myself if/when confronted by a male individual half my age, twice my size, with a out of control temper, but no visible weapon in his hand? Assuming I have already retreated to the point of "no where else to go".
    Two questions: Are you a full timer and if you are which state do you (call home) plate your vehicle in?
    I ask because of interstate travel laws pertaining to your ccw, and which one's you are likely to follow when traveling. On a side note I am thinking about going back on the road full time, and wondering if there is a better place to call home over another. As far as your question the 21' rule is a good example from Old Owl.

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