CCW Incident (Input please) - Page 2
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Thread: CCW Incident (Input please)

  1. #11
    the police around here, if you call them and say someone is making threats to you, they wont be there for an hour... it took 6 minutes for them to arrive from a phone call involving a gun... i did indeed each for my hone to call 911, once i noticed i did not have it, i instructred my friend to. at that point in time the driver was already onthe phone with them so i said let the cops come.

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  3. #12
    how was i in the wrong to draw... from my training, i was taught that i would of been wrong to shoot, but not to draw, showing that i am armed, and scaring the attacker away

  4. #13
    my attorney specializes in CCW... thank you for the input though

    Quote Originally Posted by Keykutter View Post
    On more note. There are attorneys that deal specifically with this type of incident and CW violations. Maybe you could find one quickly and get a postponement. A regular attorney is gonna get you in trouble albeit not as much as you can get yourself into.

    KK

  5. #14
    Quote Originally Posted by Phillip Gain View Post
    In my (non-attorney) opinion...

    It's a little late to be seeking opinions from this forum for your defense. This incident happened when, in September? And you have court tomorrow morning? Didn't exactly leave yourself much breathing room, did you?

    If the facts are EXACTLY as you are telling them, and you or one of your friends did not instigate the altercation by saying something to the driver of the truck, then I would consider seeking the advice of another attorney. But again...doesn't seem like you have time to do so.
    i have spoken with 3 attorneys and have hired one to represent me... we have been to two court cases and am going tomorrow to try to see how tngs are looking and seettle for a plea aggreement

  6. #15
    I may be wrong but I don't believe defensive display of a firearm is legal in Ohio. It isn't in most states. Where not legal such display usually constitutes brandishing or menacing. Me thinks your training was defective. This is why I feel a license holder should always study on his own the legal aspects beyond what's taught in the typical CCW class.

  7. Quote Originally Posted by milesihrig View Post
    so when is it exactly you have ther ight to pull your weapon... do you have to be laying on the ground being beaten...
    When you are in fear for your life or are in danger of great bodily harm. If there is no weapon and it's two of you against one, and you are bigger then the attacker, courts won't see it as you would be in great bodily harm either.

    Quote Originally Posted by milesihrig View Post
    in my ccw course, i was instructed that pulling your weeapon and using it (not firing) to sccare an attacker away but in order to fire your weapon, you have to feel that your life was in serious jeapordy.
    Doesn't matter what they taught you in the course what matters is what the law states.
    Check your state law and see what it says about brandishing. Most states have no brandishing laws and if your state law says you can't brandish, well then you can't pull your weapon to defuse a situation like this one.
    I'm not a lawyer so take it for what it's worth. For legal advice ask a lawyer.
    --------------------------------------------------------
    Those who accept second best must learn to live with mediocrity. - pafindr

  8. #17
    What pafinder said.

    Further research shows Ohio doesn't have a brandishing law. However you can be charged after a situation where you create the threat of deadly force when deadly force isn't justified. It appears that's where you went wrong. The guy was unarmed and presented little threat. Put simply you can't go around pulling a gun on someone just because they're intimidating you.

  9. #18
    The instructor who taught my last couple ccw classes gave us his buisness card and told us he will always be available to us as an expert witness should the need ever arise. If you acted as you were trained i would be looking for that instructor to testify in your defence

  10. #19
    Deadly force is not brandishing your weapon, deadly force is pulling the trigger... That is what I was instructed in my ccw class

  11. So let me get this straight. You just claimed to have fought off 4 people, have martial arts training AND had a friend or friends with you, yet you still pulled a gun? Error number 1. Error number 2 is that you let him call the cops. Sorry I don't believe a ccw gives you a get out of every argument card

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