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when carrying can put you in a no win situation?

Discussion in 'GATE Self-Defense Forum' started by Kage505, Feb 11, 2012.

  1. Kage505


    Feb 8, 2012
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    First off this is my first post here, I decided to get more involved with the shooting community after I purchased my first glock (m19 3rd gen) for concealed carry. Anyway my question comes from the experiences of a friend who thankfully was able to deescalate the situation before anything happened. The situation is you are confronted by a big mean crazy possibly tweaking BG. The catch is he is completely unarmed except for his out of control temper. You are carrying your ccw of choice which brings us to the point of this post. If this guy rushes you and you present your weapon, issue a warning etc. can you legally fire? If you don't he takes your gun away and shoots you and we possibly have an active shooter on our hands, or even beats you to death. Even though I'm decently skilled at hand to hand I wouldn't want to engage in a fight because I have a responsibility to keep my weapon out of the hands of said bg. Also something might preclude me from retreating like a girlfriend/wife/child being with me. Personally, if I presented and that didn't stop him, I'm shooting, especially if someone I have a responsibility to protect is with me. What would you do? Would I be in serious trouble for shooting an "unarmed" man? I've looked everywhere for an answer but this seems to be a murky subject. Lets second guess ourselves now so we don't have to later.
  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

    Nov 6, 2005
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    Hi Kage, welcome to Glock Talk.

    The GATE section is geared to simpler questions that lend themelves to short answers. Self-defense situations are judged within "the totality of the circumstances" and can become extremely complex, with multiple issues. You've already spotted some. The other side will, indeed, argue that you shot an unarmed man, and that your force was therefore excessive.

    Opposing counsel will argue among other things, "You've stated that one of your acquaintances talked down and defused a man in a similar situation. Why didn't you do that?"

    You mention you might be with wife/girlfriend/child. (Hope the wife and girlfriend get along.:supergrin:) Is the significant other wheelchair bound, or is she a black belt karate instructor? Is she armed herself? Is the child ten years old, or 25? The other side might argue that your party consisted of three able bodied adults who could have been reasonably expected to restrain, or at least escape from, a single man.

    Your side will argue that when he came at you knowing your gun was drawn, he was obviously going for the gun and shooting him was justifiable. The other side will argue that drawing the gun itself was premature and wrong, and that since you were the one who brought the gun to the scene, at least part of the responsibility falls on you.

    See what I mean? Lots of conditional branching within that "totality of the circumstances."

    Best advice I can give: bring this question to Carry Issues in GT, and present it there. Lots of room to discuss the different elements that will come into play, and lots of folks in the collective brain trust here to share advice.

    Best wishes,