To Draw or not?
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Thread: To Draw or not?

  1. To Draw or not?

    Take a look at this video:

    California Cops Arrest Thug, 21, Seen Assaulting Defenseless Woman In Vile Viral Video | The Smoking Gun

    OK, we all know the thing to do would be to avoid the situation, or move away. But it looks like the woman has nowhere to move to (well, maybe into a store). I imagine if she tried to walk away the thugs would follow her.

    She is intimidated, but likely not in fear of her life (even though these things could escalate, right?). So if she had drawn a weapon before the first hit, would she be prosecuted for brandishing or what-have-you? How about after the first hit? Or how about just before the second hit? Or could she have shot just before or after the second hit?

    Lots of questions (alas that we have to ask them these days), but these are the issues an over-zealous DA would look at. Thoughts?

  2.   
  3. Key word: California. She would have been arrested for even considering harm. He was about to turn his life around after all!

  4. #3
    Join Date
    Feb 2011
    Location
    Michigan
    Posts
    123
    In any other state they would of had to made the first move, producing a gun or knife etc. One of the reasons there is such a problem with Illeagles.

  5. #4
    Join Date
    Jan 2011
    Location
    Lacey, WA
    Posts
    344
    Draw, disparity of force justifies it. Oh wait it happened in CA, you would have to ask them to wait until you got your gun loaded. Oh wait again, new law no OC in CA come Jan 1.

  6. Ah, yes, California! But you know, the real issue will appear elsewhere too. Are fists a deadly weapon? Can one be in fear of their lives when attacked only with fists? I'd say yes, but many DAs would say no.

    Not every barroom brawl puts one in fear of his life. But a simple punch can quickly escalate to deadly punches, as with Reginald Denny. It's really something to think about. Me, I think I would have drawn but not fired in this situation, after the first guy hit me and moved away. But then again, in California? Maybe not ...

  7. #6
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    Disparity of numbers, size, age, call 911, draw your CCW and blast away, oh hell, CA you most likely don't have a CCW or license take the beating and assist Obama in handing out your wealth.

  8. #7
    Join Date
    Dec 2009
    Location
    St. Louis County, MO
    Posts
    3,445
    That's exactly what happens to gun-free zones...sad.
    "Don't let the door hit ya where the dawg shudda bit ya!"
    G'day and Glock
    GATEWAY SWIFT WING ST. LOUIS

  9. #8
    I know it is fun to bash California but Sacramento county is the closest thing to shall issue you will find in CA. If you can legally own a firearm you most likely will be issued a ccw permit

  10. #9
    This video almost looks fake. The woman just stands there in front of the store like nothing is wrong while a guy video tapes his friend standing next to her taunting her. The news article makes it look real but I think it looks fake.
    Would I draw my gun? Nope. He slapped her, and pushed her down. That's not deadly force or fear of great bodily harm. The guy is laughing the whole time too. If you drew you gun , you are escalating the situation and you would be put in jail. Just simply call 911 and sit tight unless it looks like the victim is going to be killed.

  11. Any woman that gets attacked by a man unprovoked is at a greater risk for serious bodily harm that men are. No offense ladies but it's true. Once she was slapped she should have drawn (I would if I were a woman in that situation) and if he didn't choose to stop then he would have the choice made for him. Then again I live in Indiana where there are no retreat duties and our state actually encourages us to defend ourselves here so I don't know. Also, everyone always harps about ADA's and prosecutors, but no one seems to remember that there are also defense attorneys. I'm fairly confident that if Casey Anthony can win, a 2nd year law student could make a strong self defense case for a woman being attacked by a gang banger.

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