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GatoNegro wrote: Now, does the law say anything about shooting at somebody that was NOT shooting at you?

It says this. From the DPS CHL Handbook:


I had to post all 3 parts, because each references back to the previous as a requirement.

Notice the parts about 'imminent commission of... robbery, or aggrivated robbery'

Then, look at the 'defense of third persons' section, that basically says, if the person that has the gun being pointed at them would be justified in using lethal force to protect themselves, then you are justified to do the same to protect them.

surprise_i'm_armed wrote:dewayneward said: I am thinking back to the situation with the kid at the Burger King (I think it was in Florida) where the good guy got shot with a bryco.380 or something a few times, but shot the bad guy in the chest with a .45 and he dropped dead (please dont turn this into a caliber argument, this is just what I remember about the incident).

You are correct that the BG had a Bryco .380. He shot the GG 3 times, but did not kill him.
The GG used a Glock 19, which is a 9MM.

The GG saw the robbery in progress, drew, but asked the BG to drop his weapon.
The BG responded by opening fire. The GG returned fire at that point.

SIA

Another good reason to NOT give the BG advance warning. Verbal warning is not required in the deadly force statutes. If it's justified, it's justified. Plain and Simple. Draw, Aim and shoot. Front, Side, Back, doesn't matter.
You can yell 'DROP THE GUN' at him if you really want to, once he's on the floor bleeding.

I agree with ELB and Purplehood. I'd at least have drawn and below the table.
If the BG does something to give me a clear shot without endangering anyone else, and I'm sure that I can make it, I would take it.

This is with ONE BG, mind you. Multiple BG's change the situation dramatically.
Chances are, if they're just robbing a restaurant for cash, this is not an overly 'Planned' robbery. They're not going to have 'sleepers' in the restaurant...

If this is a kidnapping, or hostage situation, then they might. You have to determine what it appears to be first.

How would you feel if they shot and killed the Cashier, and you did nothing, even though you may have had a few openings where he pointed the gun towards the floor and looked away from you?