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Old May 3, 2010, 09:17 PM   #28
JohnH1963
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Join Date: October 22, 2008
Posts: 416
So where did the pizza owner go wrong? Well, the owner stated he fired off his weapon in the air in an attempt to scare away the gang and to get police there faster...

Lets analyze that logic a little closer. His firing of the weapon could have made matters worse. He gave the gang a reason to escalate the violence. Things could have turned out a lot worse as a result of the use of the weapon. The police in any place I have been get to where they are going fast. I remember when I was very young calling the police and then hanging up. I didnt know any better and was maybe 5 years old not at an age to really think. The police came within minutes...so the police move at the same speed if it were a hang up call or a gunshot. Believe me, they are moving fast no matter what happens.

Lastly, lets look at when you can use your weapon. There has to be a clear and present danger. There were some stray shot gun pellets that hit a customer, but there was no real clear and present danger against the pizza owner or other individuals. It seemed more like a bunch of out of hand guys then anything else who got too rowdy.

So there was some danger, but not enough danger to justify the use of a weapon. There were other alternatives such as closing the store and evacuating the staff/customers to safety. No one was really threatening the store owner or his customers. While the situation was intense and, in a way dangerous, it did not really justify bringing out the guns. You really need a high level of danger to justify the use of a weapon. Honestly, the store owner could have used some more restraint and his actions could have escalated an already bad situation.

The laws on the use of deadly force and discharging a weapon are going to be strict in almost every state out there. You have to expect to be arrested anytime you use deadly force or discharge your weapon. You never know what a judge, jury, or the prosecutor is going to come up with therefore its wise to use the greatest restraint possible...

Last edited by JohnH1963; May 3, 2010 at 10:36 PM.
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