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Old October 23, 2011, 08:38 AM   #72
Elkins45
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Join Date: February 24, 2010
Posts: 325
Quote:
You did read, right, that the OP not only didn't shoot, but he never even displayed his weapon? He merely placed the firearm where he could reach it easily if he needed it.
Yes, I read that.

I also read that he referred to it as an "incident" in a firearms forum that focuses on self-defense. What, exactly defines an "incident"? To me it implies he thought he was on the verge of having to defend himself with said firearm.

I have my firearm where I can reach it easily at all times; does that mean I'm constantly having an "incident"? I don't think so.

Let me be clear on all these points:

1) The OP acted appropriately IMO. He verbally defused the situation and no shots were fire. Everybody wins.
2) It's OK to prepare for violence if you think it's coming your way. I don't fault the OP for having a gun within reach.
3) I do think it's tactically unsound to have to grab it to make it ready. That's an action that's designed to be preemptive but could turn out to be provocative if the other guy sees you doing it. Imagine a scenario where the approaching guy is walking toward the van and sees the OP with a gun in his hand, then imagine he is armed himself. I'm not certain where a verdict would fall if the approacher shot the OP and claimed "I was just going to tell him to move his van and he drew a gun on me!"
4) There's not a jury in the world that would rule 'walking aggressively' meets the threshold of justifiable homicide. This is the one area where I find fault with the whole scenario: this never rose to the level where it could be considered a self-defense scenario. It was never truly an "incident" in the strictly legal sense, even though I have little doubt that the approaching guy was purposefully trying to be physically intimidating.
5) I recognize the Disparity of Force element between the large angry man and the OP, but that's neutralized to some degree by the vehicle door between them.

If I found myself in the same situation as the OP my behavior would have been almost exactly the same with the exception that my gun would already have been in an accessible holster. And I probably would have found it quite unnerving because I just can't stand physical bullies. But I like to think that I would have solved the problem with words just like the OP did.

Don't confuse discussion with criticism. As I've said repeatedly, all's well that ends well.
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