Disarm and Shoot legal question
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Thread: Disarm and Shoot legal question

  1. #1

    Disarm and Shoot legal question

    I have a question I am stuck between two different tactics, First the one i like, as the bad guy tell me to put my hands up I simply move his weapon to the side and draw, drop my safety and fire. the Second one is the one I have a legal question about, when confronted you take out your wallet instead of handing it to him you "accidently" drop it whent he bad guy picks it up you draw drop safe and fire. now would that be looked up as legal the angle of the rounds would be downwards so it would show as though your assailant was not attacking you. i mean i am going to be moving to texas where i am pretty sure self defense is self defence. but i just want to know the legality of it

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  3. #2
    Join Date
    Sep 2007
    Location
    Gray Court, SC
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    Dropping a wallet is a tactic that I practice. If they are dumb enough to bend over and pick it up then they are mine. Self Defense is Self Defense. Any tactic that will give you the upper hand should be alright in the eyes of the law IF you are in fear of your life. Here in SC as well as Texas having a Castle Doctrine then there shouldn't be any legal repercussions.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  4. #3
    I don't have a problem with the wallet dropping trick, but pushing their gun aside and drawing isn't a great idea. It's way better to sweep and trap their arm and drive your elbow through their face (multiple times if necessary). I wouldn't even consider using this technique unless you've been shown how to properly apply it and you have practiced until it's very smooth. If you just move his arm out of the way, he's not going to just stand there frozen while you draw, drop your safety and fire.
    "When the outflow exceeds the inflow, the upkeep becomes the downfall"

  5. #4
    I have been taught the trap and draw by various instructors, the great thing is once you get ahold of thier weopon and you fire as they are struck you should be able to keep ahold of thier weopon disarming them in the process of dropping them. I am really just concerned with legality of the wallet drop i have talked to a lawyer md he says that it could be considered excessive force or some bs my friend who is a houston cop said perfectly legal and he would do this

  6. #5
    I can see someone getting initially arrested and charged for the "wallet" method, however nobody can prove the threat was "gone" after the perp went for the wallet on the ground. One thing to consider is that EVERYBODY and I mean EVERYBODY knows that trick.... A smart criminal will know what you're doing. A dumb one could probably be disarmed some other way. We regularly practice pistol disarms from the rear, side, and front in the Krav Maga classes I take and I would feel MUCH more comfortable disarming the perp before attempting the "wallet" method, or trying to fire my own weapon while only half-finishing a disarm. Those situations are unpredictable at best and can become very complicated when there are two firearms involved at close range!

    I'll stick with disarming if the situation calls for it. If not, drawing and firing will have to do and ONE of us is going home in a body bag.
    Gun control: Forcing a 95lb woman to fist fight a 300lb rapist

  7. #6
    Join Date
    Jul 2009
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    Kansas
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    Quote Originally Posted by infntrysuicdekng View Post
    I have been taught the trap and draw by various instructors, the great thing is once you get ahold of thier weopon and you fire as they are struck you should be able to keep ahold of thier weopon disarming them in the process of dropping them. I am really just concerned with legality of the wallet drop i have talked to a lawyer md he says that it could be considered excessive force or some bs my friend who is a houston cop said perfectly legal and he would do this
    I would be very skeptical of the practical effectiveness of trying to sweep, draw, and shoot--too much to go wrong too quickly.

    On the other hand, whoever told you that the "drop the wallet" trick would cause you legal issues is full of bull-pucky. While I do not dispense legal advice online, as an attorney who makes it a point to know as much as I can about gun laws and SD laws, I would tell the lawyer who gave you that line of BS that he's silly--to his face...

    Just my personal opinion...

  8. the only disarm i would try is if the badguy was very close in in my face I practis slaping the back of the hand and the the side of the wrist and knock the gun out of his hand and push him away and draw and shoot. His gun is on the ground and i have pushed him away so for a few seconds he is off balance. i have a sec to draw and shoot. it's still arisk but i hate the behind the back twist and the one hand grab. a strong person can shoot you. the front to front is less risk but still can get you shot. it's a last ditch effort.

  9. #8
    Join Date
    Feb 2011
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    Omaha, Nebraska
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    You are not looking at things from the perspective of a criminal. If I have a gun on you and ask for your wallet, and you drop it, I am going to make YOU bend down and pick it up. While YOU are down there, I am going to kick your face in and then take the wallet and move on. Think about it before you try that tactic.

  10. Quote Originally Posted by Punch View Post
    You are not looking at things from the perspective of a criminal. If I have a gun on you and ask for your wallet, and you drop it, I am going to make YOU bend down and pick it up. While YOU are down there, I am going to kick your face in and then take the wallet and move on. Think about it before you try that tactic.
    Exactly what I was thinking.

    In my mind if I was the thug I wouldn't drop the advantage and I would enjoy making you obey my commands. It's not always about getting your wallet, sometimes it's about the power of control.


    **After I read through this it gives the impression that I like to control people. I don't but if I was a thug I would. LOL
    I'm not a lawyer so take it for what it's worth. For legal advice ask a lawyer.
    --------------------------------------------------------
    Those who accept second best must learn to live with mediocrity. - pafindr

  11. #10
    Join Date
    Mar 2009
    Location
    TN, the patron state of shootin stuff
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    Don't forget he's the robber. Just drop the wallet and when he goes for it shoot. He is still a threat. Remember, If you find yourself in a fair fight, your tactics suck. Don't worry about defending yourself to the police and don't make a statement. Just tell them you will cooperate after you get a lawyer and zip your mouth.
    Suppose you were an idiot, and suppose you were a member of Congress;
    but I repeat myself.
    Mark Twain

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