hypothetical situation law question..

[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..