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by HotLeadSolutions
Sun Jan 02, 2011 8:14 pm
Forum: New to CHL?
Topic: Shoot... Don't Shoot?
Replies: 28
Views: 5778

Re: Shoot... Don't Shoot?

wford wrote:Hotlead said in part, "Also consider this: We do not operate under any different laws than LEOs. There are many times that a LEO unholsters a weapon in response to a unarmed threat. Remember there is a difference between unholstering a weapon, pointing a weapon, and using the weapon."

Oh my ! I hope you dont really believe this.
I fully believe this. I am not saying that we are the same as officers without badges...I am saying that LEO's and regular joe blow citizens must abide by the same laws in regards to weapons/force use. I know that if I unholster my weapon I better be ready (and justified) to use it. But there are times when you can (and legally) expose your weapon to bring the point home that you are in fear of great bodily injury, and not (at that moment) be justified in pointing it.

Case in point: I was in the parking garage of an upscale downtown building with my father. Three thuggish types (that had no business in this parking garage) came from a back corner and was making an intercept for me and my father. (we were the only car parked at this end of the garage, there were no pedistrian exits that they could have been walking to)
My father immediately produced his weapon (thugs about 75 feet away) and shouted "Stop where you are, do not come any closer" We made it to the car, and left the garage with the three guys stopped in their tracks wondering what had just happened. He immediately called 911 and told the dispatcher his name, location and that he was a CHL holder...that we had been approached in a parking garage by three thugs, and that he - in fear of what was about to happen - displayed his weapon and threatened force. They dispatched police to the location, and days later we were visited by a dectective and questioned about the event. (He was investigating some high end cars that were stolen from that garage)

After explaining what had happened to him, my father asked about the decision that he had made, and the dectective told him he was justified in pulling his weapon, and had the thugs continued on their path he would have been justified in pointing the weapon. (but that puts us on a slippery slope - In My Opinion)

Again I am not saying that a CHL is a Batman license or a license to arrest bad guys, but I do think the law gives us more choices that shoot/dont shoot.
by HotLeadSolutions
Sat Jan 01, 2011 10:16 am
Forum: New to CHL?
Topic: Shoot... Don't Shoot?
Replies: 28
Views: 5778

Re: Shoot... Don't Shoot?

Jumping Frog wrote:
XtremeDuty.45 wrote:If you are in fear for your life then you are justified to stopping the threat. One does not have to be committing a felony to be a threat to ones life and if you wait til the BG produces a deadly weapon it may be too late.
I agree.

Three points are relevant. If the BG is within Tueller Distance (21 feet), waiting to see the knife can be far too late to avoid getting slashed.

Second, even an unarmed person can present a credible fear of serious bodily injury. Since being licensed, I've read too many accounts of people dying with a single blow to the head. I also too familiar with traumatic brain injury.

Disparity of force also is a factor. It is reasonable for an obese, out of shape person aged 50-60 to be in fear of serious bodily injury when confronted by one or more unarmed BG's who are in their 20's.
For me, every potential violent encounter is an armed encounter because I am armed. If I get knocked out or knocked silly, the BG potentially now has my firearm. Therefore, I will not let someone strike me, unarmed or not.

:iagree:

Also consider this: We do not operate under any different laws than LEOs. There are many times that a LEO unholsters a weapon in response to a unarmed threat. Remember there is a difference between unholstering a weapon, pointing a weapon, and using the weapon.

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