when is it legal to draw? - Page 5
Page 5 of 8 FirstFirst ... 34567 ... LastLast
Results 41 to 50 of 74

Thread: when is it legal to draw?

  1. #41
    Not only is the law concerning "brandishing" different in each state but what constitutes "brandishing" can vary depending upon the circumstances and alleged intent. In Missouri, there is no law against brandishing as such. However, it is considered illegal use of weapons to "Exhibit[s], in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner." [RSMO 571.030.1 (8)] That means that even though Missouri has legal "open carry" in most places (varies by municipality) someone could still accuse you of trying to threaten by merely sweeping your jacket back and deliberately exposing your previously hidden weapon. It has happened. OTOH, if you spot a suspicious looking character headed towards you and they turn around and walk the other way when you take your jacket off and put it in the car, well, what works works. But...

    I learned from better and more experienced instructors than I that if one is going to carry a gun then one must also carry a cell phone. That is because the first to call 911 is generally going to be referred to as "the victim." You want to be the first to call. As that suspicious character departs your presence, pull that phone and call 911 and tell them that you were just approached by a suspicious party and that revealing your gun frightened them off. You'd like to give a report and a description of that man. Become the law-abiding potential victim.

    There have, indeed, been cases where attempted robbers or car jackers have been deterred by the sight of the intended victim's gun only to retreat to the far end of a parking lot, call the cops, and report a "woman with a gun acting crazy and threatening people." You be the one to call 911 first.

  2.   
  3. #42
    Join Date
    Sep 2009
    Location
    Eastern North Carolina
    Posts
    268
    "Those studies and others indicate that often the mere sight of a firearm discourages an attacker. Criminologist John Lott from the University of Florida found that 98 percent of the time when people use guns defensively, simply brandishing a firearm is sufficient to cause a criminal to break off an attack. Lott also found that in less than 2 percent of the cases is the gun fired, and three-fourths of those are warning shots."

    Can Gun Control Reduce Crime? Part 1

  4. #43
    Join Date
    Sep 2009
    Location
    Eastern North Carolina
    Posts
    268
    Quote Originally Posted by brolin1911a1 View Post
    There have, indeed, been cases where attempted robbers or car jackers have been deterred by the sight of the intended victim's gun only to retreat to the far end of a parking lot, call the cops, and report a "woman with a gun acting crazy and threatening people." You be the one to call 911 first.
    I'm sure there have been "cases", but I feel equally sure they are rare. Criminals are not in the habit a initiating any kind of contact with law enforcement.

    I have only been in one situation where I felt I was about to become the target of an attack. Displaying my weapon (albeit unintentionally) brought a swift end to the threat. And no, I did not call 911, and apparently neither did they.

  5. #44
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Thanks to some fellow forum members from SC, I was referred to SC Code of Laws-Title 17-Criminal Procedures, Chapter 13-Arrrest, Process, Searches dnd Seizures. Under Section 17-13-20, circumstances under which citizens may arrest and the methods to do so, include the following: "A citizen may arrest a person in the nighttime by efficient means as darkness and the probability of escape render necessary, even if the life of the person should be taken when the person:" "being under circumstances which raise just suspicion of his (the felon or thief) design to steal or to commit some felony, flees when he is hailed". Bottom line in SC from my understanding of above is that if you do have an altercation with a potential perp (just suspicion) , you can try to affect an arrest by presenting your firearm (efficient means) and declaring that the perp is being held under arrest until an LEO takes him into custody--thus it is not brandishing. On top of that, if he decides to run away, you can, as the law says "take his life", if it stops his escape. This is a nighttime thing but sure goes a long way to protecting a CC who is concerned about brandishing, particularly at night. Comments?

  6. #45
    IANAL, but I suspect that case law and precedent have added some serious complications to what appears to be straightforward language. I wouldn't want to bet my freedom on that statute if some questionable dude decided to turn and run from me. I'd let him go rather than risk needing an expensive lawyer to clear me of homicide charges. Shooting someone to defend a life is one thing; shooting someone suspected of committing a crime and running is something else. I'm not that cold-blooded.

  7. #46
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Hey brolin: Understand what you say about case law and betting the odds. It should be noted that last year an old man heard someone out in this yard fooling around near his truck. He grabbed his gun, did not call 911 and went outside to confront. Told the 19 year old to turn around and put his hands in the air. The kid did not immediately do so and seemed to be "reaching" into his pocket, at which time the old man shot him twice. He survived and no, nada, nein charges were brought against the old man. Before I appreciated the Section 17 of the law I referred to in my last reply, I found the incident to be upsetting in that the kid was shot over nothing at that point, the old man did not even bother to call 911 until after he shot him and no charges were brought. I tend to think this is classic "case law" in SC relative to the Section 17 I referred to. As far as I am concerned, I subscribe to the philosophy that I am not going to put myself in danger of being killed over "stuff"---no matter what it is--that is why I have insurance. With that said, my understanding of this Section 17 gives me some degree of assurance that if the circumstance is such that I am involved in a situation that I could not avoid, I am covered if I present my firearm under a citizen's arrest procedure prompted by my suspicions, and am also covered if it is necessary for me to discharge my firearm and even killing the perp.

  8. #47
    I will never expose or draw my weapon just to deter someone from attacking me.

    The BG will go around the corner and attack someone else. Not acceptable!!

    I would rather he attack me, my training and my weapon then someone not armed or trained to defend them selves.
    Ed
    "The tree of Liberty needs to be watered from time to time with the blood of patriots and tyrants." Thomas Jefferson 3rd president of US (1743 - 1826)

  9. #48
    Join Date
    Dec 2010
    Location
    OHIO
    Posts
    100
    Quote Originally Posted by Edsworld View Post
    I will never expose or draw my weapon just to deter someone from attacking me.

    The BG will go around the corner and attack someone else. Not acceptable!!
    I would rather he attack me, my training and my weapon then someone not armed or trained to defend them selves.
    I would seriously doubt that would happen, I would bet the perp would take the rest of the day off.

  10. #49
    Quote Originally Posted by Pokey View Post
    I would seriously doubt that would happen, I would bet the perp would take the rest of the day off.
    Maybe. Are you willing to bet someone elses life on that?
    Ed
    "The tree of Liberty needs to be watered from time to time with the blood of patriots and tyrants." Thomas Jefferson 3rd president of US (1743 - 1826)

  11. #50
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Hey Y'all: Without going back to review all replies to date, I wanted to share an article in today's local Charleston, SC paper. Apparently a tow truck operator was hired by a community in Bluffton to patrol parking in a neighborhood and in his duties he placed a parking boot on the car of an individual who had parked his car while visiting his brother. The owner of the car and the tow truck operator got into an argument at some point over the boot and the $300 the tow truck operator wanted to remove the boot. In the argument, according to the brother of the car owner, his brother showed the tow truck operator a handgun tucked in the waistband of his pants, "but never pointed it". Did he point it? Who knows. Where was the brother? Was the tow truck operator doing his job correctly? Who knows. Could he have just removed the boot since the car was somewhere in the vicinity of the brother's house? Probably. Bottom Line: Tow truck operator shot and killed the car owner. No one has been charged and police are still investigating. We talk about brandishing on this thread as a potential way to minimize a problem--here is a case where brandishing can also get you killed. Unless I see an additional artlcle on this, I would assume, since this is SC, that the tow truck operator will not be charged although he certainly can face civil consequences and so can the community that hired him. Comments?

Page 5 of 8 FirstFirst ... 34567 ... LastLast

Similar Threads

  1. Open carry legal in Michigan
    By venator in forum Michigan Discussion and Firearm News
    Replies: 106
    Last Post: 05-19-2015, 08:08 AM
  2. Disarm and Shoot legal question
    By infntrysuicdekng in forum Handgun Tactics, Training, and Practice
    Replies: 10
    Last Post: 09-02-2011, 09:15 PM
  3. Arizona Illegals Already Appear to be Exiting
    By HK4U in forum Politics and News
    Replies: 25
    Last Post: 06-18-2010, 07:43 PM
  4. JOE LEGAL vs. JOSE ILLEGAL
    By HK4U in forum Politics and News
    Replies: 14
    Last Post: 05-10-2010, 08:17 AM
  5. Joe legal VS Jose Illegal...
    By Sheldon in forum Off-Topic
    Replies: 5
    Last Post: 12-31-2009, 12:23 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast