The Firing Line Forums - View Single Post - Guy acting drunk in the yard: scenario and poll

Magnum-PI · August 12, 2010, 10:46 PM

Things to consider...

1) You can't use your pistol as a means to control...the pistol can only be used in self defense when there is an immediate clear and present danger to yourself or however the law is worded in your state. I dont believe any state will allow a person to use a pistol as a means of control.

2) If you draw your pistol when its not justified, then you might have comitted the felony of assault with a firearm. The further away the guy is from you, the less justified drawing your pistol becomes.

3) Drawing your pistol elevates everything to an entirely different level. He may charge at you, surrender or do just about anything. Someone observing from far away might think you are the one in the wrong and draw/fire on you.

4) A man at full sprint can cover ten feet in a few seconds. So to prevent the guy from hitting you or to give you more time then you are best to increase the distance. Even 5-10 more feet away will give you at least another 1-2 seconds so you can react. 4-5 seconds of time is much better then 2-3 seconds of time.

5) Someone clubbing a vehicle is different then someone clubbing a person. If someone is banging on a car then no one is getting hurt just yet. No reason to draw at that point.

6) Sometimes its best to keep a straight face and say nothing. If you smile or frown, then either of those expressions can be interpretted by someone as a hostile act. If you yell at the guy, then again, it takes things to another level.

Here is my humble personal opinion. I believe the best action would be to increase your distance away from this individual to at least 50-100 feet and observe. Hide yourself so that if he looks over in your direction it wont be obvious. If he decides to move towards you, then keep going in the other direction. The only time it might be justified to draw your weapon is if he decides to charge you at a full sprint, he is within about 15-20 feet and you are unable to retreat fast enough. The only time it might be justified to fire your weapon is if he is in full charge, you cant retreat fast enough and he is about to hit you with the club.

In any event, the best action is to retreat, observe from a distance and only become involved if this person is right about to hit you or another individual. Any other action might get you into trouble with the final arbiter being a judge or jury. Before drawing your pistol, always ask yourself if its worth going to jail over. If its not worth it, then dont draw.

The question posed in this thread seems valid, but the mention of the person's race puts a dark cloud over it. If I were the mod, I would edit out the mention of the race or at least say something publicly that putting that in the thread wasnt the right thing to do.

August 12, 2010, 10:46 PM	#50
Magnum-PI Junior member Join Date: August 11, 2010 Posts: 37	Things to consider... 1) You can't use your pistol as a means to control...the pistol can only be used in self defense when there is an immediate clear and present danger to yourself or however the law is worded in your state. I dont believe any state will allow a person to use a pistol as a means of control. 2) If you draw your pistol when its not justified, then you might have comitted the felony of assault with a firearm. The further away the guy is from you, the less justified drawing your pistol becomes. 3) Drawing your pistol elevates everything to an entirely different level. He may charge at you, surrender or do just about anything. Someone observing from far away might think you are the one in the wrong and draw/fire on you. 4) A man at full sprint can cover ten feet in a few seconds. So to prevent the guy from hitting you or to give you more time then you are best to increase the distance. Even 5-10 more feet away will give you at least another 1-2 seconds so you can react. 4-5 seconds of time is much better then 2-3 seconds of time. 5) Someone clubbing a vehicle is different then someone clubbing a person. If someone is banging on a car then no one is getting hurt just yet. No reason to draw at that point. 6) Sometimes its best to keep a straight face and say nothing. If you smile or frown, then either of those expressions can be interpretted by someone as a hostile act. If you yell at the guy, then again, it takes things to another level. Here is my humble personal opinion. I believe the best action would be to increase your distance away from this individual to at least 50-100 feet and observe. Hide yourself so that if he looks over in your direction it wont be obvious. If he decides to move towards you, then keep going in the other direction. The only time it might be justified to draw your weapon is if he decides to charge you at a full sprint, he is within about 15-20 feet and you are unable to retreat fast enough. The only time it might be justified to fire your weapon is if he is in full charge, you cant retreat fast enough and he is about to hit you with the club. In any event, the best action is to retreat, observe from a distance and only become involved if this person is right about to hit you or another individual. Any other action might get you into trouble with the final arbiter being a judge or jury. Before drawing your pistol, always ask yourself if its worth going to jail over. If its not worth it, then dont draw. The question posed in this thread seems valid, but the mention of the person's race puts a dark cloud over it. If I were the mod, I would edit out the mention of the race or at least say something publicly that putting that in the thread wasnt the right thing to do.