NC and elsewhere---brandishing. - Page 3
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Thread: NC and elsewhere---brandishing.

  1. Sorry that post did not come out the way I wanted it too. Here's a link to the article.

    Street robberies and you - The Basics - AR15.COM

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  3. #22
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    Aggressive though not physical sounds to me like imminent danger.

    I used to be one of those guys who would wait until I'm in fear for my life before even drawing. After much debate I've come to realize that at that point, it could very well be too late. So I've changed my stance on that.

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    Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive.

  4. #23
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    Quote Originally Posted by jcreek View Post
    True, articulation helps, but the OP himself admitted there is no imminent threat of physical danger so how could he have feared for his life? There's a difference between drawing down on somebody and preparing to fire (when justified) then him running away, and just waving it around saying "Look I have a gun, so stop being annoying and please leave." Like I said, it's a not tool for intimidation, and until the situation escalates to the point lethal force is authorized, you're best not introducing a weapon into the situation, IMHO.
    Ok, If I wasn't clear enough before, the part where he fears for his safety is a pretty big part of the equation. The OP said:
    Example: you are camping in a remote area when one or more belligerent people approach your campsite. They are being aggressive, though not yet physical. Is it okay to draw my pistol and tell them to get away from my site? I am afraid, but not yet in immediate physical danger.
    You can throw infinite possibilities into a scenario, but based on what the OP asked, I stand by my decision.

  5. In the scenario, the BG(s) is being aggressive, destructive of the tent, whatever, and although a personal physical assault is not happening NOW, it is reasonably the next step. Seems like it's time to give those fools one last opportunity to move on. And perhaps the equation is changed because I'm female?

  6. #25
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    Quote Originally Posted by spirit4earth View Post
    In the scenario, the BG(s) is being aggressive, destructive of the tent, whatever, and although a personal physical assault is not happening NOW, it is reasonably the next step. Seems like it's time to give those fools one last opportunity to move on. And perhaps the equation is changed because I'm female?
    Shouldn't change it a bit. Whatever the self defense laws in your state, I can guarantee that none of them say "especially if you're a girl" What it takes to make you fear for your safety might be different from a guys, but it is probably different from a bunch of girls as well. It is al based on experience, education, training, physical capability etc. and I have seen some women that would put the fear of God in me if I ran into them in a dark alley and they were in a bad mood.

  7. #26
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    Quote Originally Posted by spirit4earth View Post
    Thanks, but I have researched NC law and read other publications. This is one key point that I have not been able to find. If there are multiple threats (or why not just one?) who are putting me at risk but who are not on me yet, do I have the right to pull my firearm and tell them to get the hell out of there? I know all about calling 911 etc. Again, I use the camping scenario.
    If I read your reply correctly, it sounds like you are now getting concerned about other people who are in imminent danger. If that is what you are saying there are "alter ego" rules in place in many states including my state of SC. It allows me, if I should see someone else in imminent danger of death or great bodily injury, to act as if it is me who is being attacked; I can not only present my firearm but discharge it, as well. Sounds sensible and good citizenship on paper, but you to be 100% on the who, what, where of this attack that does not involve you. You could be mistaking what you are seeing and actually think you are protecting someone under the alter ego rule but find out in the end that you have been mistaken and NOW you have a problem. Simple example could be an undercover LEO and a perp with the LEO getting the best of him--you run over to help and attack the LEO, who is too busy to somehow discuss what is going on or to show you credentials.

  8. #27
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    Quote Originally Posted by jaya View Post
    In nc, drawing the firearm follows the same rules as using it. You are not allowed to draw unless you fear for bodily harm, death, or sexual assault.
    So that brings me to my question...if you're in the woods and Jimbob and his lazy eyed wood tooth cousin Jebediah come out of the swamp and menacingly approach your campsite with their pants unbuckled whistling Blue and Gold, do you draw?

  9. #28
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    Quote Originally Posted by spirit4earth View Post
    Then we have to define "imminent". If I am a woman alone on a hike, for example, and one or more opportunists start closing in, or the vibe changes after a brief "hello" while passing on the trail, I would at least unholster my gun and have it in my hand. Perfectly legal, I would think. This would become our moment of truth, and should they continue towards me in a threatening manner, I would have to shoot. Or, would I be breaking the law if I raised the gun from my side and pointed it at them? Is there any leeway to prevent Condition Red from becoming Condition Black?
    You say "perfectly legal, I would think". Not so sure about that. I surely understand the possible d advantage in having your firearm in your hand and not still holstered; unfortunately your "leeway" is a very fine line that only you can really answer; "am I really in imminent danger of death or great bodily injury"---if yes, then draw and be ready to discharge your firearm. My attitude is that I will try to evade or run away from a potential confrontation and as I do so get my mind in order and also try to at least have the firearm out of the holster and in my pocket or waist and at the ready; if it is a small handgun, have it in my hand---but not waving it around and pointing it. If my evasion/ run away still has the BG in pursuit, the decision has been made by him and me that this imminent danger is for real and at some point I will point and fire. Boy I wish there was a 100% perfect way to make this decision but there isn't, but trying to evade and then having the BG still persist is a very telling argument for what you end up doing. PS: While evading, particularly if there are other people within shouting distance, you should be yelling at the top of your lungs that you do not want to have this confrontation--if it should happen, these "people" are now your witnesses.

  10. Quote Originally Posted by tricolordad View Post
    So that brings me to my question...if you're in the woods and Jimbob and his lazy eyed wood tooth cousin Jebediah come out of the swamp and menacingly approach your campsite with their pants unbuckled whistling Blue and Gold, do you draw?
    Yes, I will draw! But will I shoot? Only if they continue to advance. Right?

  11. Quote Originally Posted by kelcarry View Post
    You say "perfectly legal, I would think". Not so sure about that. I surely understand the possible d advantage in having your firearm in your hand and not still holstered; unfortunately your "leeway" is a very fine line that only you can really answer; "am I really in imminent danger of death or great bodily injury"---if yes, then draw and be ready to discharge your firearm. My attitude is that I will try to evade or run away from a potential confrontation and as I do so get my mind in order and also try to at least have the firearm out of the holster and in my pocket or waist and at the ready; if it is a small handgun, have it in my hand---but not waving it around and pointing it. If my evasion/ run away still has the BG in pursuit, the decision has been made by him and me that this imminent danger is for real and at some point I will point and fire. Boy I wish there was a 100% perfect way to make this decision but there isn't, but trying to evade and then having the BG still persist is a very telling argument for what you end up doing. PS: While evading, particularly if there are other people within shouting distance, you should be yelling at the top of your lungs that you do not want to have this confrontation--if it should happen, these "people" are now your witnesses.
    Makes sense, overall. However, if they are blocking access to my car, and my only means of evasion is to run into the woods, I won't do that. A tent is considered a "home" in NC, but of course I might be outside the tent, which would change things. Would the law expect me to run off into the woods? If so, I'll do it. I don't want an incident but I don't want to get in an even more precarious situation.

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