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Russel wrote: But... would it be considered reasonable to fire if the person continued to advance, had an unknown instrument in his hand, and was using verbal provocation alone?

His actions were threatening, but, no, he did not ever say what he would do if I did not give him money. I was fully prepared to pull the trigger, but would I have been justified? I feel like I would have been justified to shoot had he continued advancing.

As I was pumping gas, a guy came from between 2 cars in a hotel parking lot next to the gas station. At this time, he was a fair distance away, maybe 65-70 yards. He yelled across the gas station parking lot at me that he needed some money. I told him I didn't have any to give, and he should just be on his way. (Warning #1) He continued walking towards me. He got closer and told me again, "Man, I just need some money." I told him, "I already told you, I don't have any, you need to leave." (Warning #2) He continued walking towards me and was now somewhere around maybe 30 yards or so away.

At this point, he'd already been warned 2 times, yet continued advancing.

Now, after 2 warnings, he continued advancing, and he raised his hands with something that could have been used as a weapon in his right hand. After a THIRD warning, he told me he needed money again, but this time it was a demand, not a request like previously. And STILL continued advancing on me.

He raised his arms at me and in his right hand he had a piece of something. I don't know what it was, but it was black, around 2 feet long and looked like something he could use to hit me with. At this point, I was pretty concerned, and saw lots of bad things playing out in my head. I told him, "Stop right there, don't come any closer!" (Warning #3) very loudly. He continued walking towards me and told me, "I said give me some money!"

This was the point where I drew on him, and even gave him a fourth warning, which thankfully, he took.

At this point, I drew my Glock, pointed it directly at him, and screamed at the top of my lungs, "STOP!!! DON'T COME ANY CLOSER TO ME!!!" (Warning #4)

He'd ignored multiple warnings to leave me alone. He'd also made a threatening gesture with his hands and was holding something that was, in my opinion, intended to be used as a weapon. There was little question in my mind anyway about what his intentions were. Luckily, the situation stopped there, he ran and I didn't have to find out. My brother, and several other LEO's agree, including the one who took my statement and wrote the report. Several LEO's have actually told me, "He's lucky, I would have shot him."

So IMHO, I was justified in what I did, and also would have been justified if I'd shot the guy, because the only way I'd have shot him was if he'd STILL continued to advance.

Was I legally justified in what I did? I think yes, otherwise, I'd have gone to jail that night, or soon after the report was filed and then charges would have been pressed against me.

Would I have been legally justified if the situation HAD gotten worse, and he HAD continued to advance on me, and I HAD shot him? Yes, I think so. But, I'm not a lawyer, and I just don't know for sure. I'm open to opinions, suggestions, and the friendly critique. And, Russel, sometimes the Devil's Advocate is an important role, it makes us think.

I'll post my story. This happened to me last July. This was the first and only time I've ever had to draw my gun. I was working as an agency nurse at the time going to different hospitals and working in their ER's. I worked a 3p-3a shift and was headed home, about 2 hours away.

On the way out of town, about 3:45 in the morning, I needed to get gas, so I stopped at a Town and Country. I was carrying in the hospital as this town in notorious for violence, and the hospital is not posted and I couldn't find any clause prohibiting me from carrying in their employee handbook. I had my Glock 30 IWB on me, and it conceals very well under scrubs using the Clip Draw and a Saf-t-blok. I was very apprehensive about stopping for gas anyway. I should have done it before my shift, but was running late so I couldn't.

As I was pumping gas, a guy came from between 2 cars in a hotel parking lot next to the gas station. At this time, he was a fair distance away, maybe 65-70 yards. He yelled across the gas station parking lot at me that he needed some money. I told him I didn't have any to give, and he should just be on his way. He continued walking towards me. He got closer and told me again, "Man, I just need some money." I told him, "I already told you, I don't have any, you need to leave." He continued walking towards me and was now somewhere around maybe 30 yards or so away. He raised his arms at me and in his right hand he had a piece of something. I don't know what it was, but it was black, around 2 feet long and looked like something he could use to hit me with. At this point, I was pretty concerned, and saw lots of bad things playing out in my head. I told him, "Stop right there, don't come any closer!" very loudly. He continued walking towards me and told me, "I said give me some money!" At this point, I drew my Glock, pointed it directly at him, and screamed at the top of my lungs, "STOP!!! DON'T COME ANY CLOSER TO ME!!!" I'm not sure quite how close he actually got to me, but I was seriously on edge, and had already made the decision to shoot if he came any closer at all. He turned and ran like crazy. I grabbed my cell phone to call 911, which I should have done a LONG time ago, but didn't think to, and I put my gun away. I had to look all around the pump for the Saf-t-block, but I found it. I also noticed the store clerk outside the front doors of the store. Before I could actually dial my phone two police cars screeched into the parking lot. I held up my hands and before I could say anything, the clerk started screaming, "That guy's got a gun!!! That guy's got a gun!!!"

I kept my hands up and the officer's approached me with hands on their guns, as I would expect. One of them said, "So cowboy, you gotta gun?" I said, "Yes, sir. My name is ---- and I have a CHL, I'm carrying a gun inside my waistband on my right side. My license is in my wallet in my pocket on the right." I didn't move, I just let them approach me. The officer who first called me cowboy was pretty short and asked me why I was carrying a gun and what I was doing out at this time of night. The other officer disarmed me, and took my wallet. He put my gun on the hood of my truck, then handed me my wallet and told me I could get my ID and CHL out for him. He was very friendly, and I explained who I was, why I was out, and what happened. The first officer went to the hotel parking lot and looked around, but never saw any sign of the guy. The second officer was extremely friendly and he took my statement. They also talked to the store clerk who didn't hear all that was said, but told them the same thing I had about the guy approaching me and not leaving. The clerk said he was more afraid that I had a gun than of the guy that approached me!!!

All in all, the whole thing took probably an hour and a half while we were in the parking lot. The second officer talked awhile about the rising crime rate and was very supportive of me carrying and said it prevented me from being robbed at the very least. He told me that things like this now happen all the time there, and they don't always end well. He said they'd file the report, and get back to me, but it's very likely that nothing would ever come of it. He handed me back my gun right before I left, and told me to be careful. As of now, I still haven't even heard from the PD.

Once I got back in my truck, I got shaky all over and even a little nauseated. When it was actually happening, I was ok, but when it was all over, I just kind of crashed. I called my brother, an officer here at the time, and told him all about it. He was supportive and told me I did the right thing. He also said the second officer on scene sounded like he did a really good job, and the first officer, the one who called me cowboy, probably hadn't meant to offend me, but was skeptical about someone other than the police having a gun in that town. We ended up talking most of the way back home because I was still pretty shaken about the whole thing. I think what really got to me was that split second after I drew my gun, I knew, without a shadow of a doubt, that if he came any closer, I would shoot him. I had already mentally prepared to do it. I was actually relieved when he ran. It was so different actually being in the situation than anything I thought I had mentally prepared myself for. I've always told myself that I could pull the trigger if I ever had to. But actually coming that close to making that real life decision weighed pretty heavily on me.

When I finally got to the house, I immediately when in and hugged my wife and kissed her, then went to check on our daughter. I was more thankful for being home that day than I've ever been. Well, that's it. I'm sure it wasn't perfect, and I'm sorry it was long, but there it is. I'm sure I left something out somewhere, so feel free to ask me anything if you want.