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-   Concealed Carrying & Personal Protection (http://www.firearmstalk.com/forums/f17/)
-   -   was he right? (http://www.firearmstalk.com/forums/f17/he-right-41289/)

StanDJ77 04-15-2011 01:24 AM

was he right?
 
Okay, today at work, there was a discussion amongst a couple of employees. He was saying that if you have a license to carry and someone tried to attack you, you couldnt use your weapon. He said if you did, you would go to jail, unless the attacker had a gun too. He is the type that you cant tell him s*** so ididnt entertain him. All i said was, if it did happen, you need to call 911 and explain what happen before they called and switched story. So, was he right? Or could you use your gun without deadly force or does it even matter?

Jpyle 04-15-2011 02:01 AM

Quote:

Originally Posted by StanDJ77 (Post 486547)
Okay, today at work, there was a discussion amongst a couple of employees. He was saying that if you have a license to carry and someone tried to attack you, you couldnt use your weapon. He said if you did, you would go to jail, unless the attacker had a gun too. He is the type that you cant tell him s*** so ididnt entertain him. All i said was, if it did happen, you need to call 911 and explain what happen before they called and switched story. So, was he right? Or could you use your gun without deadly force or does it even matter?

Your coworker is full of shizz...if I use a legally carried and permitted gun to defend myself it is no different than if I beat the bad guy to death with a rock..either way you are in for a legal fight to prove your justification in using deadly force. Why would any State issue a CCW then prohibit you from using it to defend yourself....that's the 100%, entire purpose of it.

IGETEVEN 04-15-2011 02:21 AM

What he said. ^^ :cool:

Things to ponder. Did your attacker actually make you feel your life was threatened and in danger? Did you really fear for your life? Did your attacker have a weapon, other than a gun and was much bigger than yourself? Did the attacker state he was going kill you?

You are indeed correct in calling 911 after the incident to inform them your were in SD shooting, and that is all. Keep your mouth shut and do not answer any more questions unless accompanied by your legal council.

You really do need to check and reference your SD handgun laws in your state and really think about why you CC in the first place.

I can't promise there will not be any litigation from your actions to defend yourself, but you know what they say...I rather be judged by 12, than carried by 6, and most importantly...Dead men tell no tells.

Read the sticky at the top of this forum. It speaks volumes.

http://www.firearmstalk.com/forums/f...e-carry-11962/

red ryder 04-15-2011 02:26 AM

Quote:

Originally Posted by StanDJ77 (Post 486547)
Okay, today at work, there was a discussion amongst a couple of employees. He was saying that if you have a license to carry and someone tried to attack you, you couldnt use your weapon. He said if you did, you would go to jail, unless the attacker had a gun too. He is the type that you cant tell him s*** so ididnt entertain him. All i said was, if it did happen, you need to call 911 and explain what happen before they called and switched story. So, was he right? Or could you use your gun without deadly force or does it even matter?

generally a bad idea to go looking for legal advice on the internet. But generally you must fear a immediate threat to your life or the life of a third person in order to use lethal force.

this means if the "attack" is some guy getting in your face for one reason or another, probably not a good idea to pull your weapon.

if the "attack" is some guy pulling a knife on you, you would probably be justified in pulling out your weapon.

just because you have a gun doesn't mean it is always the best solution either.

JonM 04-15-2011 02:55 AM

this is a good question and its one that a decent run ccw course should cover. its also a prime example of why a ccw course requirment is a very good idea since there is way more to carrying a firearm for self defense than just tucking it in your waistband.

my personal opinion if you feel your life is in danger thats what the gun is for. the ccw person has a huge responsibility to be aware of his/her surroundings, not provoke confrontations, and do their best to leave a potentially aggressive person alone.

ive never seen a fist fight just happen out of the blue. people just dont walk around randomly assaulting each other with fists for no reason.

c3shooter 04-15-2011 03:00 AM

Remember, my legal advice is worth EXACTLY what you are paying for it.

Laws vary state to state. IN GENERAL, you may show that you were justified in using, or THREATENING to use deadly force IF you reasonably believed that you or another was in danger of death or seriously bodily harm.

A phrase I have always admired- "The totality of circumstances".

A 12 yr old youngster throws a snowball at you. You catch it hard in the ear. Your ear stings, you are pissed, your girlfriend is laughing at you. Not even close to justified.

You are a 6 ft 25 yr old male in good health and condition. A 16 year old girl believes you jumped in line ahead of her at the gas station. Gets out of her car, screams "I oughta kick your ass!" from 25 ft away. Nope.

Fenderbender. Adult driver of other car got out, walked back, and just sucker punched you through your open window. Maybe. Anyone that does not think you can receive serious bodily harm from a fist, I refer you to the Medical Examiner, or any hospital ER.

Adult driver gets out, waving a tire iron, and threatening to beat your head in. For me, holster is now unsnapped, and if he gets within 25 ft, still yelling and waving a chunk of steel, he will be told to stop, and have a gun pointing at him. What happens next is up to him.

And Stan- unless you work in a law firm, it is unlikely your co-worker has any more claim to legal expertise than I do. I would thank him for the lesson, and remember not to ask him for advice on anything important.

WDB 04-15-2011 03:11 AM

Quote:

Originally Posted by IGETEVEN (Post 486602)
What he said. ^^ :cool:

Things to ponder. Did your attacker actually make you feel your life was threatened and in danger? Did you really fear for your life? Did your attacker have a weapon, other than a gun and was much bigger than yourself? Did the attacker state he was going kill you?

You are indeed correct in calling 911 after the incident to inform them your were in SD shooting, and that is all. Keep your mouth shut and do not answer any more questions unless accompanied by your legal council.

You really do need to check and reference your SD handgun laws in your state and really think about why you CC in the first place.

I can't promise there will not be any litigation from your actions to defend yourself, but you know what they say...I rather be judged by 12, than carried by 6, and most importantly...Dead men tell no tells.

Read the sticky at the top of this forum. It speaks volumes.

http://www.firearmstalk.com/forums/f...e-carry-11962/


There it is, any more is a repeat of good advice

therewolf 04-16-2011 02:05 AM

Once again, not going to tell you what to do, but what I do.

1) Keep my phone more accessible than my CCW, and try to call 911,first,

ASAP, pronto.

2) Stay aware of my surroundings and the people in them.

3) Always remember I am NOT the CIA, FBI, LE, a PI, The A-Team,

Captain America, Deputy Dawg, or even Danger Mouse. Your CCW permit

came with a letter which clearly states you are not to take it upon yourself to

act as an arm of the law.

4) As a last resort, BEFORE shooting my attacker, if I feel my life is

threatened, attempt to avoid killing the person by letting them know I am

armed.

5) Remember, if I pull the trigger, I can pretty much kiss the gun goodbye,

at the very least. Call my attorney, keep my mouth shut, let the Police know

I feel sick and want to go either to the hospital for treatment, or home to

bed.



BTW, if this co-worker knows so much, why isn't he an attorney?

USMC-03 04-17-2011 02:21 AM

A million different scenarios can be mentioned here, and you'll get a million different responses.

I will say this: I will not be fist fighting anyone. I am not a very big guy and if someone is willing to try and jump me, then they just might be willing to beat me down, discover I have a concealed weapon, then shoot me with my own gun. I cannot say for sure until faced with the situation...but anyone who starts coming my way and threatening me will be staring down the wrong and of a .40 caliber muzzle. It will then be up to them what happens...the way I look at it is that if they see a muzzle pointing at their face and keep coming, then they intend on doing me some serious harm.

LONGHAIR 04-17-2011 03:32 AM

KEEP your MOUTH "SHUT"!!!!!!!!!!!!!....Any thing you"SAY" can and"WILL" be USED AGAINST YOU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.... .........:eek:


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