CCW Incident (Input please) - Page 4
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Thread: CCW Incident (Input please)

  1. #31
    Quote Originally Posted by tuts40 View Post
    Could you please clarify that second paragraph?
    In my CCW class, we did about 40 different scenarios of having the instructor attacking us, using airsoft pistols having to draw... Sometimes he would already have you at gun point, sometimes he would just be screaming at you, sometimes he had a knife and backed off, sometimes he had a knife and started charging at you, other times he came walking past you looking suspicious and just came up and asked for money, or for a hug lol... majority of the people in the class have never used a firearm before and mistakenly shot them when deadly self defense was not appropritate (a man screaming at you that he wanted to fight you, or give me your cash, or im going to kill you, and charges at you but is not armed)... in any situation we were always told us use our face, get back, get away from be, etc... in a situation where the person is not armed and you are in fear that this person is going to create phyiscal harm to yourself, it is legal to, pull your weapon out of the holster and show the attacker that you are armed, stopping the attack. When you pull the trigger that is when the gun becomes a lethal device, when just brandishing your weapon is the same thing as using as a zapping a tazer, or pepper spray, etc... i have spoken to CCW laywers and they agree with me

    I normally do have pepper spray on me but unfortunatly that day i did not... I also open carry from time to time.. these are things that could of shut down the sitaution immediatly... my intentions were not to shoot the suspect, but only to say, im armed, your not going to hurt me.

    yes i am a martial artist, i have luckly defended myself off against 4 individuals, however i have also been put in the hospital with a conciousion and a lacerated head requiring stables from a close to lethal punch from one person.

    90 percent of the time... i am able to do what my martial arts training has trained me to and use my mind and deesclade the sitaution and calm things down... however every now and then there are people that are just going to attack you. Judging this persons hostile tone, body language, and him charging at me when i told him to stay back, i felt that he was indeed giong to attack me...

    now, idk about the rest of the world, but if someone is saying something about me as he accused me off, i dont think anything about it... i defintly dont take my truck, block them in and go and start a fight over it... the thought did indeed cross my mind in this person on drugs that provides superior aggression like steriods or pcp... i try to avoid all forms of fighting, especially phyiscal as much as a i can... my CCW instructor was in a self defense situation about 6 years ago where an individual bit him in a hand to hand fight, and now he has a disease from it... it is not worth it

    Here in cincinnati, it is not common for people to pull out knifes or weapons at the last minute, or have there buddies driving by, seeing the fight, and bum rush... like i said i have been in the hospital before from it and its not something i was wanting to risk again. Am i suppose to let this person actually harm me, maybe hes a more experienced boxer, mma fighter, or everyday street fighter, before i am able to pull out my weapon...

    If wasnt carrything that night (only time i do not is no carry zones and while drinking), yes i would of been forced to fight the individual off hand to hand... idk what the outcome would of been... it could of been deadly just with the use of using hands and feet, but the fact is that myself pulling out my weapon, using it as a non lethal device as i was trained, prevent any physical harm to myself or the attacker...

  3. #32
    Brandishing a weapon to "scare" a badguy is illeagal.
    LEO's due have the luxury of being exempt

    IMHO a firearm is like a fine samurai sword, if its drawn it must draw blood before its re sheathed.

    Good luck

    Let us know what happens.

  4. #33
    I was told differently by my CCW insturctor and lawyers...

    Also not the 21 foot rule... this person was about 15 feet from me when he started yelling, making threats wanting to fight... i told him to stay back... he approach closer and and i further warned him... about 7 feet away, well within 21 feet, i drew my weapon and ordered him back in the truck

    Quote Originally Posted by trailboss View Post
    Brandishing a weapon to "scare" a badguy is illeagal.
    LEO's due have the luxury of being except.

    IMHO a firearm is like a fine samurai sword, if its drawn it must draw blood before its re sheathed.

    Good luck

    Let us know what happens.

  5. #34

  6. #35
    Join Date
    Sep 2007
    Johns Island, SC
    No 1: Never carry your gun w/out your permit. No. 2: Always consider equality/inequality of force in any situation. An unarmed citizen vs armed citizen speaks volumes here.

    Unfortunately, you will probably lose your CCW due to these 2 things. Sorry about that!

  7. #36
    Join Date
    Nov 2011
    Virginia Beach, VA
    @pafindr I'm not sure I understand how presenting your weapons qualifies as lethal force. Beyond the obvious (you're not firing at anyone yet), using that logic, as soon as you break leather you are using lethal force? Or once you're at a low ready? The force continuum (sp?) shows the various degrees of increasing response to a given situation, ie, your mere presence and demeanor; verbal warnings/directions; presenting weapons (PR-24/nightstick); and then I think discharging your weapon while aiming center mass with the intent of neutralizing the threat.

  8. #37
    Join Date
    Jul 2010
    Houston Metro Area, Texas
    You have received enough comments about the dumb manner you handled the situation, you also stated you were in an area of known problems, you gave comment to police, you did not have you ccw with you, you brandshed a weapon, you had force of numbers and maybe size, and you have an attorney making quite a bit of money to plea bargin, most likely to late at this time but I would find a defense attorney not a PLEA attorney. Good Luck.

  9. #38
    Quote Originally Posted by pafindr:243029
    By what you're stating I would not have pulled my weapon in this situation.

    The way you described it he didn't appear to be a deadly threat nor did it seem that you were in danger of great bodily harm. You and your friends out numbered him and could have used nonlethal defense. Once you unholster your weapon you are using lethal force. You brandished your weapon so you broke the law.
    Could he have had a weapon? Yes, but until you knew he had a weapon or you were in fear for your life you can not use lethal force to stop a threat.

    "While in the back of the police vehicle the officer asked me why am I carrying such a large handgun and a spare mag. That it’s a CCW and your handgun isn’t supposed to be huge."

    Is there a law in Ohio that says how big a CCW is supposed to be? Sounds more like he was trying to get you to talk enough to really nail you. NEVER talk to the police in this situation. Anything you say WILL be used against you in a court of law. You shut your mouth and talk to a lawyer.

    You or a friend should have immediately been on the phone dialing 911.
    They way it sounds to me you used poor judgment in this situation.
    Im in 100% agreement w/your statement! With all that CCW training you shouldve definetly known better! All he was doing was talkin ****. I wouldve totally ignored his comments & focused on him, no weapon,no physical attack, no problem, wouldve called 911 when he advanced or continually obstructed my exit after commands for him to move. Your charges are valid IMHO.

  10. #39
    Join Date
    Oct 2011
    Las Vegas,NV
    Well?, good luck, I dont think you did the right thing?, Like you stated, your training in marshal art, your size, and numbers, at least two to one, In a known bad area, on this point alone, you could have asked your friend to meat some place else to discuse the topic, you mention rolling around on the ground?, would your friend not have help you in this?, Or would he just stand there?, with your training with help, it's unlikely, you'd be rolling around on the ground, I'm having a hard time seeing a judge rule self-defence, If your attorney is recommending a plea?, I'd look into another attorney

  11. #40
    Join Date
    Apr 2011
    Sandpoint, Idaho
    I wasn't there, so maybe it's not as clear as it seems here. I know if it was ME in that situation, I might have done the same thing. But then again, I'm just wimpy girl.

    What does come to mind is something that has been posted here dozens of times: don't talk to the police. As soon as you have the slightest inkling that you might be at the wrong end of that call, DON'T TALK TO THE POLICE. Their job is to prosecute you. Not help you, not sympathize with your story. Get a lawyer. They might be expensive, but I bet not a lot more than your bail and the fees you'll be looking at.

    Of course, hindsight is 20/20, and that's easy for me to say from over here.

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