NC and elsewhere---brandishing. - Page 4
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Thread: NC and elsewhere---brandishing.

  1. Quote Originally Posted by spirit4earth View Post
    I'm trying to clarify NC Law about showing a firearm to ward off a probable threat. 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.
    If strangers approach my camp site I will have a ar in my hands so the pistol would be the least of their worries.

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  3. #32
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    Quote Originally Posted by spirit4earth View Post
    Yes, I will draw! But will I shoot? Only if they continue to advance. Right?
    Depends on how much you like to cuddle i guess.

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    Quote Originally Posted by tricolordad View Post
    Depends on how much you like to cuddle i guess.
    And how pretty your mouth is...

  5. #34
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    Quote Originally Posted by spirit4earth View Post
    The gun, then, is to be drawn for just one reason: to pull the trigger. I hope I'm never in that situation.
    Have you considered Pepper spray or even a stunning device, such as gun or wand stick? Both will work on animals, two legged or four legged.
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

  6. #35
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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.
    Sure you can but not unless they're running at you with a weapon or much larger and going to sexually assault you. Read up on Disparity of Force by Massad Ayood for more indepth information.
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

  7. #36
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    This is starting to take on troll-ish appearances. spirit4earth (um, do you hug trees ) you have the right to defend yourself. What is perceived as a threat has a different definition for everyone. What I consider imminent death or serious bodily injury might be different than everyone else on this site. If I was built like a linebacker (not) or knew martial arts (again, not) it might change my perception. The key is being able to explain to a law enforcement person why you took the actions you took. If it makes sense and is reasonable you would be fine. If you in fact needed to shoot a BG, but neglected to draw your gun until it was too late it wouldn't help much.

  8. I do like trees :). And I like the beach, too.
    Trolls, not so much!

  9. #38
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    Quote Originally Posted by spirit4earth View Post
    I do like trees :). And I like the beach, too.
    Trolls, not so much!

    I hear trolls hate being around other trolls. Is it true?
    Sent from my Clear using USA Carry mobile app

  10. #39
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    Quote Originally Posted by spirit4earth View Post
    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.
    Your location in the isolation of the woods makes your decision that much easier. If no one is around except you, your friends and the BG, then (facetious) no one ever saw you with the gun exposed (ie: brandished). I think this whole scenario plays out differently if you are among many other people, when exposing a gun "just because"; IMO this constitutes brandishing and can get you in trouble. Ya know they make wallet-type holsters and cellphone holder holsters for small pocket guns or "mouse" guns that provide instant availability, not to mention the fact that a small gun can easily fit in the palm of your hand almost unnoticed; the small gun and innocent-looking holster is another way to be as close to brandishing as you can get without actually doing same.

  11. #40
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    Quote Originally Posted by spirit4earth View Post
    I'm trying to clarify NC Law about showing a firearm to ward off a probable threat. 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.
    For your safety (physical and legal) NEVER point a firearm at anyone that is not a real and immediate threat to you. Read #2 of the four rules of safe gun handling... "Never point at or sweep the muzzle across anything you are not willing to destroy."

    If they are not a threat to your life yet, you have just escalated the situation immensely. If one of those "belligerent people" also have a gun and shoot you, then they have credible witnesses that say you drew first and they will get off Scot-free since they were just defending themselves. Unless you are willing to pull that trigger right then and there, do not point your firearm at them. The situation you described would not indicate a self-defense situation on your part since the "belligerent people" were not life-threatening yet. Therefore, you would be completely in the wrong to draw and point, and if you had shot and killed, you would be charged with murder.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

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