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A couple of carry questions

Discussion in 'GATE Self-Defense Forum' started by Crisis, May 13, 2011.

  1. Crisis


    Feb 9, 2011
    Hey, I had a few random questions regarding concealed carrying

    My first being, What are your thoughts on carrying one in the chamber from a legal standpoint? if it is a legit self defense case would that be a big issue?

    Second, I was in a situation a little while back that luckily didn't escalate to what I was fearing it would. I was out with my son(6 month old) went to the store to pick up a few things, when I got there a car pulled in next to me and 2 guys jumped out and claimed I cut them off on the road and are cussing me out while I'm putting my son in his stroller so when I told them I didn't want any trouble and went to walk in the store one of the guys shoved me a little, now I didn't have my ccw and no firearm in my vehicle nothing but my pocket knife. Well once I got shoved I was worried but luckily the owner of the store came out and let us know he was calling the police and the guys hopped in the car and sped away, now the question here is, had the guys decided to stay and get violent and I shot to defend myself and my son would it have been considered a justified shoot or would I have been in the wrong? I was terrified that if it did escalate to a fight that either he would be hurt in the process or they would try and use him as leverage at some point

    anyway thanks for reading
  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

    Nov 6, 2005
    For your first question, I've never seen a problem come up in court as to having a round in the chamber. It's the way most people carry auto pistols, at least in this country, and falls under what the courts call "common custom and practice." I can only see it being a problem if the gun was not "drop-safe," and accidentally discharged after being struck or dropped.

    Your second question is the kind of thing that caused me to make my deadly force lecture class two days long: there are lots of subtleties and variables. Basically, if you are VIOLENTLY attacked (particularly when you have a baby with you) by TWO men, disparity of force kicks in. This is the factor that makes it so likely that you'll be killed or crippled by the assault that their force of numbers is essentially a deadly force element that warrants your recourse to a lethal weapon in defense. An attack upon the child would likewise constitute disparity of force. A shove with a bare hand does not in and of itself constitute a violent assault that would warrant deadly force.

    All these things, however, are judged within what the courts call "the totality of the circumstances."

    Glad you and the little guy got out of that OK.


  3. Crisis


    Feb 9, 2011
    Hey thanks for your response on both subjects. On a side note I really enjoy reading these threads and value your opinion, thanks for what you do here