hypothetical situation law question..

[Phaded]

say i was about to get jumped by 4 meatheads.. and i was holding a gun on me.. with conceal weapons permit.. would it be against the law for me to show the gun or point it at them to keep them at bay.. thanks in advance..

 

[EnderJE]

Nope. You also could flash'em. That way they run away screaming and no one gets hurt.

 

[Phaded]

well the reason i ask is because i saw in the news the other day some nfl player might get 3 years in jail for pointing his firearm at someone.. i'm guessing if i did point the gun at them and they were dumb enough to call the cops.. i might end up spending a night in jail.. and a huge legal hassle..

 

[Gambino]

say i was about to get jumped by 4 meatheads.. and i was holding a gun on me.. with conceal weapons permit.. would it be against the law for me to show the gun or point it at them to keep them at bay.. thanks in advance..

I'm pretty sure it works like this: only pull it out if you need to use it

 

[theoak01]

yes you can be charged with pointed a firearm as there is no way to prove there were going to jump you unless you had a witness and then still its your word against theirs,wait until shit happens and then bring it out if need be,its likely going to be to late but it will save you legal issues

 

[Phaded]

ok. well showing it is off at your waist not pointing it. there would be nothing wrong with that correct?

 

[Phaded]

the reason i ask this question is because i just took my dog out for a walk around my complex and there were these 4 dudes doing something so peeked over there to see what was going on and they all just stared.. then jumped in their suv and started following me around the complex.. i'm pretty sure they were all drunk or something acting like retards.. but i do have a concealed weapons permit and have a gun i carry in my car.. now if they would have jumped out of their car and started beating the shit out of me in a drunken rage i wouldn't be making this post.

 

[theoak01]

its pretty a hazy area,you could be charged with intimidation,which believe it or not is a crime

 

[Phaded]

any other law majors

 

[gonelifting]

........

 

[PBR]

by pointing a gun with the intention of threat or intimidation is an "assualt" or "ADW"= assualt with a deadly weapon...this is because you have the opportunity to carry out the threat of deadly force...you have the means to carry it out...

 

[puddlemonkey]

Just ask them if they've heard the new Naglfar. If they go "who?" then they are probably nu-metal fans in which case they are not real 'metalheads' and you can just tell them Slipknot sucks then bitch slap em. They'll go running home to mommy in tears.

 

[flex229]

if you can prove in court that you truly feared for your life, then sometimes pointing a gun at someone can be justified by the courts.

 

[-SD-]

It would not be illegal if you made it known to them you have a gun by revealing the gun in your waist, but not pointing it at them. In order for this to be legal you have to be in "imminent danger". So if those guys were to start threatening you or made some advance that you felt bodily harm was going to happen to you, then you could do it legally.

 

[UA_Iron]

Just ask them if they've heard the new Naglfar. If they go "who?" then they are probably nu-metal fans in which case they are not real 'metalheads' and you can just tell them Slipknot sucks then bitch slap em. They'll go running home to mommy in tears.

that's legal ground to kill them though dude.

nu-metal has the same sentences as raping animals.

 

[Phaded]

thank you dave thats what i needed answered..

 

[PBR]

a large percentage of Police officers are shot with their own weapons....need i say more?...if you have a weapon, you must have the "clearest" intention to use it without any hesitation- should the circumstance present itself....

 

[Creepusmaximus]

First off, if you flash the gun they'll probably will just go somewhere else because who knows what you are. Cop, FBI, CIA, coke dealer, pimp, who knows? Not worth fucking with guy who has a gun on his belt. If they know exactly who you are that would be totally different.

Second off, famous people get screwed when ever they try and protect themselves.

 

[-SD-]

First off, if you flash the gun they'll probably will just go somewhere else because who knows what you are. Cop, FBI, CIA, coke dealer, pimp, who knows? Not worth fucking with guy who has a gun on his belt. If they know exactly who you are that would be totally different.

Second off, famous people get screwed when ever they try and protect themselves.

Hes not famous, and he lives in Florida. That means he can shoot someone for staring at him the wrong way.

Not literally but you get the point.

 

[Phaded]

superdave you are my hero

 

[JKerry]

in SC you can only present a firearm when you are in iminent danger of life or serious bodily harm, or in the presence of someone else in the same. showing a firearm before it is necessary to point and shoot would be considered assault, terrorizing the peace, or illegal under some other vague law. Here, there is also a duty of retreat when in public. But you've also got to find a jury that will convict you of said offenses. so... it depends on how much hassle you feel like dealing with. This is something that varies by state however.

 

[-SD-]

in SC you can only present a firearm when you are in iminent danger of life or serious bodily harm, or in the presence of someone else in the same. showing a firearm before it is necessary to point and shoot would be considered assault, terrorizing the peace, or illegal under some other vague law. Here, there is also a duty of retreat when in public. But you've also got to find a jury that will convict you of said offenses. so... it depends on how much hassle you feel like dealing with. This is something that varies by state however.

In Florida, they just amended the "castle doctrine" of self defense to include the clause stating that a person does not have a duty to retreat when in imminent danger, even if retreat is readily available and easy.
Personally I dont know if I would want the hassle of shooting someone in that situation, even if perfectly legal. I think I would rather take the ego hit and run instead of living with a dead person I killed on my conscience the rest of my life. Depends on situation of course.

 

[thelion2005]

You are in Florida. I believe a new law was just passed on this issue in your state.
If I remember correctly, you are allowed not only to defend yourself if you are in danger, but can meet force with force.

"The law will let Floridians "meet force with force," erasing the "duty to retreat" when they fear for their lives outside of their homes, in their cars or businesses, or on the street."

Not sure if Jeb Bush signed it yet. It passed your House.

 

[Phaded]

well in that situation if i run there is a chance i could get caught or trip or something.. and become disheveled on the ground.. which then the kids could come and just start beating the shit out of me and have the upper hand.. if int he situation i just flash that i have a gun in my waistband then i'm sure it will knock some sense into them.. thanks for all the help bro's

 

[digger]

"Brandishing" is one term the law uses for a threatening display, and it's frowned on. So keep in mind, that you are not the one who is threatening people; you are the one being threatened. You are trying to keep the situation from escalating, and to get out of the situation so you can call the cops.

The gun does NOT take the place of calling the cops. Don't ever make that mistake, the one where you say "Well, glad that's over." It's not over until the cops have taken a report. Make sure that YOU are the person who calls the cops. You want the cops to see those kids and the kids to see those cops looking at them, but failing that, you want it written up as "Gang chasing a woman," not "Kids report woman with a gun." Permits are still too damn hard to come by, and you do not want to lose yours. The first person to a working telephone wins.

Find a copy of the book In the Gravest Extreme by Massad Ayoob. He's a police firearms trainer who spends a lot of time as an expert witness, defending cops and citizens who are being sued or tried for "excessive force" because they shot criminals.

 

[Lestat]

"Brandishing" is one term the law uses for a threatening display, and it's frowned on. So keep in mind, that you are not the one who is threatening people; you are the one being threatened. You are trying to keep the situation from escalating, and to get out of the situation so you can call the cops.

The gun does NOT take the place of calling the cops. Don't ever make that mistake, the one where you say "Well, glad that's over." It's not over until the cops have taken a report. Make sure that YOU are the person who calls the cops. You want the cops to see those kids and the kids to see those cops looking at them, but failing that, you want it written up as "Gang chasing a woman," not "Kids report woman with a gun." Permits are still too damn hard to come by, and you do not want to lose yours. The first person to a working telephone wins.

Find a copy of the book In the Gravest Extreme by Massad Ayoob. He's a police firearms trainer who spends a lot of time as an expert witness, defending cops and citizens who are being sued or tried for "excessive force" because they shot criminals.

great post

 

[digger]

Oops, make that "dog walker" and "person" instead of "woman."

 

[slat1]

If you have to use it make sure you hit what you are aiming at... and kill it. There is no he said she said then.
I have a permit. I rarely carry. In the past I did carry it. I was told by the police about a well known gang having a bounty on me. They told me the first paragraph!

 

[Phaded]

"Brandishing" is one term the law uses for a threatening display, and it's frowned on. So keep in mind, that you are not the one who is threatening people; you are the one being threatened. You are trying to keep the situation from escalating, and to get out of the situation so you can call the cops.

The gun does NOT take the place of calling the cops. Don't ever make that mistake, the one where you say "Well, glad that's over." It's not over until the cops have taken a report. Make sure that YOU are the person who calls the cops. You want the cops to see those kids and the kids to see those cops looking at them, but failing that, you want it written up as "Gang chasing a woman," not "Kids report woman with a gun." Permits are still too damn hard to come by, and you do not want to lose yours. The first person to a working telephone wins.

Find a copy of the book In the Gravest Extreme by Massad Ayoob. He's a police firearms trainer who spends a lot of time as an expert witness, defending cops and citizens who are being sued or tried for "excessive force" because they shot criminals.

thanks alot very informative..

 

[Phaded]

If you have to use it make sure you hit what you are aiming at... and kill it. There is no he said she said then.
I have a permit. I rarely carry. In the past I did carry it. I was told by the police about a well known gang having a bounty on me. They told me the first paragraph!

thats hard times man.. how could you sleep at night..

 

[PBR]

ive also had same bounty....i wll not hesitate in the least, ever.

 

[-SD-]

What the fuck are you guys doing that gets you hit with a bounty from a gang?

 

[Raptorex]

If you have to use it make sure you hit what you are aiming at... and kill it. There is no he said she said then.
I have a permit. I rarely carry. In the past I did carry it. I was told by the police about a well known gang having a bounty on me. They told me the first paragraph!

The little rascals are badasses.