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What if they approach while you are holding them at gunpoint?

Discussion in 'Carry Issues' started by poodleshooter1, Aug 24, 2011.

  1. poodleshooter1

    poodleshooter1

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    Let's say you had legal justification to shoot and drew, perhaps because they were approaching with a knife or bat in hand. When you drew your gun they dropped their weapon and stopped advancing. Now you're not able to shoot and are holding them at gunpoint (who would hoster at this point lol).

    Let's say the start talking to you and are approaching slowly step by step. If you can, try to create distance and put an object between you and them, sure. But whether you can or can't create distance and place an object between you, do you have legal justification to shoot if they disobey commands to stop advancing, etc. or do you actually have to get to the point where they are two feet from you and able to snatch your gun, and actually trying to snatch your gun?

    What are the elements of such a situation?
     
  2. janice6

    janice6 Silver Member

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    Say, Stop or I'll shoot. Then shoot.



    The threat hasn't stopped.
     

  3. MLittle

    MLittle

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    My recommendation to you would be to refer to the Laws and Statutes in your state to see what threats by another party would allow a person holding a legit concealed carry permit to use deadly force if you are speaking about a threat outside your home or vehicle.

    For me, I would need to feel that I, or my family was in immediate and unavoidable danger and or threat of bodily injury or death before I would discharge my weapon.
     
  4. Adjuster

    Adjuster

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  5. John Rambo

    John Rambo Raven

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    Huh? They dropped the knife after I shot them.
     
  6. poodleshooter1

    poodleshooter1

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    Ayoob states that if attacked by multiple unarmed people, and you shoot two of them leaving one of them, you have the right to use lethal force because that person has proved an intent and capability to cause grave bodily injury or death. I'm paraphrasing but that's the jist of it.

    In my state (WA), you are allowed to use deadly force to stop any felony committed upon your person. Robbery, kidnapping, or felony assault, etc.

    So it stands to reason that if someone (one person)was armed with a knife and trying to assault me, that would be a felony, they have shown an intent to commit grave bodily inury or death. They are present and capable. If they drop it and eventually start advancing, it stands to reason they still intend to commit a felony upon me and are not walking up to shake my hand.
     
    Last edited: Aug 24, 2011
  7. txinvestigator

    txinvestigator

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    And perhaps go to prison, depending on the circumstances.
     
  8. freedom790

    freedom790

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    Around these parts the language is when "a person reasonably believes that he is in imminent danger of serious bodily harm or death." Once you feel that he has the time, proximity and capability and you fear seriously bodily harm or death, around here at least, you are within your legal right to shoot. But like has been said, I would check for precedence within your area.
     
  9. txinvestigator

    txinvestigator

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    You are seriously simplifying Ayoobs statements, and I believe slighty mi-stating them.

    Depending on the laws of your state, your last paragraph might or might not give justification.
     
  10. janice6

    janice6 Silver Member

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    Some times it works that way.
     
  11. GlockinNJ

    GlockinNJ

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    Better to be judged by 12....
     
  12. Sam Spade

    Sam Spade Staff Member Lifetime Member

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    Sounds like you've got a decision to make.

    Several, actually, and the first one is whether or not you're going to train and study or just treat the pistol as magic.
     
  13. GlocksterPaulie

    GlocksterPaulie Perfectionist

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    Everyone who carries a firearm for SD should already have the answer to this question. If this happens and you don't have a game plan you are going to be in a world of pain and possibly death.

    Their is a lot more to this than carrying a firearm. Do your homework now so if this situation happens on your worst day you will be prepared.

    Paulie
     
  14. Scamp

    Scamp Geaux Tigers!

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    Let 'em get close and kick 'em in the nads....:supergrin:
     
  15. rhikdavis

    rhikdavis U.S. Veteran

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  16. cloudbuster

    cloudbuster

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    This tactical expert recommends spitting on them, slapping and kicking at them, and possibly , if they stab you, bleeding on them while shouting "I have STDs!" This should buy you plenty of time to discern their intent. :D

    http://www.youtube.com/watch?v=8pU2IOTEZlU
     
  17. poodleshooter1

    poodleshooter1

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    No, I'm not. He clearly stated in his book such a circumstance where multiple unarmed people attack, you shoot two of them, one is left standing. What do you do? His answer was pretty clear. Don't make me get the book out and type out what it says....
     
  18. poodleshooter1

    poodleshooter1

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    :upeyes:
     
  19. Sam Spade

    Sam Spade Staff Member Lifetime Member

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    I sat through LFI-I, dutifully transcribed my notes, and that's not what he said to us. Nor would he have been correct if he said what you wrote. *IF* the disparity of force that led you to shoot 2 of 3 unarmed attackers was based just on their numbers, then you've removed the "ability" leg of the AOJ stool, pretty much by definiton, when you removed the surplus numbers. I'll buy that the survivor has the opportunity to hurt you, even then intent. Please show (this generally being an affirmative defense) that the last guy could cause you serious injury or death. Show that as things existed when you pulled the trigger on the last guy that you were acting in immediate defense of life.

    Ditto the knife example in the last paragraph. Please show that an unarmed guy walking towards you has the capacity---not the intent or the opportunity---to force you to act in immediate defense of life. The simple "intent to commit a felony" generally isn't enough. And you should also be able to distinguish, in acts and in discussion, the difference between when you're allowed to shoot and when you need to shoot.

    Really?
     
  20. CookeMonster

    CookeMonster

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    I am not a lawyer, nor did I sleep in a Holiday Inn Express recently, but I would have to argue that the man pulled the knife on me to commit a violent felony. If he is still advancing on me now that I have introduced a stronger weapon, I have to assume he intends to follow through with his 1st threat by producing a hidden weapon, or taking control of mine. At this point, you have drawn and chambered, safety off if applicable and the range has shrunk (from the 20 feet or whatever it may be here or there) in your defensible buffer zone to less than 10 feet. Yes, try to disengage or keep obstacles between you and him, but he gets inside of 10 feet and it would go bang. I have not discussed this scenario with a lawyer, as I don't have one at my beckon call, nor do I intend to pay one to discuss every possible scenario. I only have to fear for my safety right now, and he's already shown to be a motivated, violent offender by pulling the knife in the first place and IMO is proving he is currently a danger by continuing to advance on a man wielding a gun.
     
    Last edited: Aug 24, 2011