November 20, 2012, 10:44 AM
Join Date: June 8, 2008
Some Things to Keep in Mind
- The fact that you are a "nice guy" with a clean record will not do a lot for you in terms of a charging decision, if you cannot produce sufficient evidence in support of justication after what would normally be an unlawful act.
- The character of the person whom you shot or threatened will make no material difference, except as noted by Mas.
- The laws and case law justifying the presentation of a firearm vary widely among jurisdictions; some very fine people have learned that the hard way, much to their surprise. Some states have severe mandatory penalties. It is essential to knw the rules of the road where you live and travel, and it is a good idea to refrain from drawing a firearm unless you have to.
- What you say during a defensive incident can come back to haunt you and can be very damaging to your case.
- Likewise, what you say afterward can do you in, and afterward is a long time.
- In virtually no jurisdictions is it permissible to draw on, threaten, strike, or shoot someone because of the kind of person he is, or because of what he has done (with a few very limited exceptions), unless he presents some kind of immediate danger, the last of these varying according to the jurisdiction.
- The authorities will weigh all of the evidence that they have; in this case, we have a woman with a disabled child, and some indication that the person approached "aggressively", and both will likely enter into the decision. And we do not know all of the facts.
- The decision can be a long time in coming.
Those are the legal considerations. If one should ever have to draw, it is important to see the need before it is too late; to be able to do so quickly; and should it come to that, be able to fire instantly.
Last edited by OldMarksman; November 20, 2012 at 11:49 AM.