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Old July 19, 2010, 07:54 AM   #90
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Quote:
When you draw your gun unnecessarily because there was no immediate threat, you escalate the situation.
You also put yourself at great legal risk. In most states, you must be in imminent danger of death or serious bodily harm. Some states specify that force must be justified, and others, deadly force, though in the latter, your presentation of a weapon may not constitute deadly force per se.

Quote:
When I drew on those kids on the basketball court .... I wanted to scare them. Guess what it worked.
Here's what the state of Florida puts on its website on that subject:

http://licgweb.doacs.state.fl.us/wea...f_defense.html

A relevant excerpt:

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Q. When can I use my handgun to protect myself?

A. Florida law justifies use of deadly force when you are:

Trying to protect yourself or another person from death or serious bodily harm;
Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.
Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.
Arizona also provides legal guidance for the citizen:

http://www.azdps.gov/Services/Concea..._ccw_legal.pdf

Here's a relevant excerpt:

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Effective Sep. 30, 2009, there is a new self-defense justification that permits the “defensive display” of a firearm “when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.” A.R.S. § 13-421. In other words, a person threatened with unlawful physical force or deadly physical force can respond with “defensive display of a firearm.” “Defensive Display” means (1) verbally informing an aggressor that you are armed; (2) exposing or displaying a firearm in a manner that a reasonable person would understand is meant to protect against the aggressor’s use or attempted use of unlawful physical force or deadly physical force; or (3) placing your hand on a firearm that is contained in a pocket, purse or other means of containment or transport.
Before the law was changed last year, this same on-line resource by attorney Michael Anthony included the discussion of a hypothetical example in which it was explained that a person being intimidated and shoved by several people would have faced charges of aggravated assault had he drawn his gun or perhaps even put his hand on it. Most states have much more severe restrictions than Arizona has now.

Also, very few states provide resources such as these from Arizona and Florida. It is not a good idea to try to interpret the state code for oneself. So, unless you have reason to know otherwise, it is no doubt best to go by this from Glenn:

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1. You draw because you feel the need that you might have to shoot as the situation meets the need for and criteria to use deadly force.
2. You don't have to shoot.
3 You can challenge someone to see if that stops the threat that did meet the criteria for using deadly force. That depends on the lay of land.
Hopefully, your employment of your weapon will result in your not being killed or seriously harmed or in your shooting of an innocent person. It would be very, very good, of course, if it turns out that you do not have to shoot at all. Still better if you are not charged with a crime for either having drawn without lawful justification or having used deadly force without lawful justification.

Last edited by OldMarksman; July 19, 2010 at 10:46 AM. Reason: Rephrase last sentence
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