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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. Donn57

    Donn57 Just me

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    Location makes all the difference in the world. My assumption with this scenario is that it was not within your home, but I may have assumed erroneously. In Florida, tho, shooting someone breaking into your home is doubly protected since we have the "stand your ground" law as well as the right to use deadly force to stop a forcible felony - including burglary.

    You may be right that someone advancing toward an armed person is intent on assault. The question becomes is the use of deadly force against a single unarmed attacker justified? Again, my POV is that I'd rather shoot the attacker while he is still armed.
     
  2. SpringerTGO

    SpringerTGO

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    David,
    I usually agree with you, and most likely we agree on this as well.
    The bottom line to me is that the attacker came at me with a weapon, and is continuing the attack after dropping it, and seeing mine.
    Like others in this thread, I'm older and weaker, but regardless of that, it still comes down to whether it is worth risking jail by shooting the attacker, or worth risking my life by wrestling over my weapon.

    If I was convinced my life is still at risk, I'd rather take my chances with the courts.
     

  3. GlockinNJ

    GlockinNJ

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    Badge, if I ever get into this situation, I am calling you to be part of my defense team.

    This thread has gotten ridiculous. We should all decide right now what we will do in this situation, because if "shoot him" isn't your answer, then you should sell all your guns. In the heat of the moment, there's no time to wrangle over the possible legal options and implications. Hesitation will get you killed, probably with your own gun. If you are afraid of going to jail for shooting an intruder, then sell your guns.
     
  4. Donn57

    Donn57 Just me

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    I agree. Hesitation will get you killed which is why I am having a hard time understanding why so many folks would hesitate to shoot an attacker armed with a knife.
     
  5. Cream Soda Kid

    Cream Soda Kid

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    Dr. Armstrong, thank you, I always appreciate your informative and well reasoned posts.
    Regards,
    Lee, aka Cream Soda Kid
     
  6. Bren

    Bren NRA Life Member

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    Read your state statutes. Mine says I have to be in imminent danger of death, serious physical injury, etc., going down to "any felony involving the use of force." Assaulting somebody with your fist is not a felony here, so I'd have a hard time making that look justified.
     
  7. Bren

    Bren NRA Life Member

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    That only makes sense if you ignore most of the original post.
     
  8. David Armstrong

    David Armstrong

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    I'm not sure why that should matter. Would you think it appropriate to pull out you gun and shoot him if he had started the attack without the knife in the first place? If not, you will have a hard time justifying shooting him now.
    Sure. Iif you are convinced, that is the way to go. The question is if you can convince a jury that your life was still at risk.
     
  9. David Armstrong

    David Armstrong

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    That is nice rhetoric, but really doesn't have much to do with the scenario as posted. In the scenario the BG has dropped his weapon, is approaching slowly, and is talking to you. If you consider that a "heat of the moment" that requires a split-second decision, and the only decision is to shoot, maybe YOU are the one that needs to sell the guns, as clearly you don't understand the dynamics of use of force.
     
  10. wjv

    wjv Zip It Stan Lee.. . .

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    I would very LOUDLY yell something like: "STOP! DO NOT COME ANY CLOSER OR I'LL SHOOT".

    Then shoot.

    That way the witness will say " I heard him tell the guy to back off, but the guy didn't stop. . ."
     
  11. David Armstrong

    David Armstrong

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    That is actually a pretty key point. If the danger was low enough you didn't see a need to shoot before, why does the danger suddenly increase after he gets rid of his weapon?:dunno:
     
  12. David Armstrong

    David Armstrong

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    Always glad to do what little bit I can.
     
  13. Gunnut 45/454

    Gunnut 45/454

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    BailRecoveryAgent
    Why would they play out differently? You did say perp was DRT with no witnesses it your word against a dead mans! I'd say both are golden.:supergrin:
     
  14. SpringerTGO

    SpringerTGO

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    He started the attack with the knife, and it was appropriate to draw the weapon and fire when he attacked, depending on distance. Depending on distance again, it still might be appropriate to fire.

    There are too many variables.

    If he was within 10' with the knife (when he dropped it) shooting would have been more than appropriate. If you don't have the weapon already aimed at him from that distance, you don't have time to draw it, and barely have time to fire even if it is drawn and aimed. If he closed from there, unarmed, he could have my weapon in a heartbeat.
     
  15. barnettbill

    barnettbill

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    Texas... Castle Doctrine... Drop 'em.
     
  16. Spiffums

    Spiffums I.C.P.

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    Approaching someone with a weapon drawn and pointed at you after you stopped your current attempt to harm that person doesn't sound like he/she wants to hug you and forget all about it.
     
  17. Schrag4

    Schrag4

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    Easy. Because he's closer to me now then he was before.

    You must be a big guy, and trained in hand-to-hand combat. I'm not. If the attacker has 50 lbs of lean muscle on me and he's still advancing, I'm guessing he'll either take the gun from me or he'll beat me and then take the gun from me. The situation changed when he dropped the knife and walked closer. It actually got MORE dangerous for me, IMO. I don't think I'm the only one who would feel "safer" when the guy is 20 feet away with a knife in his hand than when he's 10 feet away without a knife, having already shown intent to harm me.
     
  18. wuvmyglock

    wuvmyglock

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    SHOOT!! Just make sure there is only one side to the story...
     
  19. poodleshooter1

    poodleshooter1

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    Perhaps you are having a hard time understanding because you did not read the OP?

    He is no longer armed with a knife....
     
    Last edited: Aug 25, 2011
  20. BailRecoveryAgent

    BailRecoveryAgent Rude Member

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    I didn't say there were or were not witness' present. I was merely pointing out that disparity of force comes into play here.