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Old June 2, 2016, 11:35 AM   #94
Senior Member
Join Date: April 22, 2016
Posts: 2,192
If you believe stalking and menacing another person to the extent they deploy pepper spray would allow you to defend yourself with a firearm, you have another think coming. Being a 'potential assailant' doesn't arise if you're merely standing there minding your own business.
This is my concern.

Some pissed off "want to save face" individual is yelling about whatever I did in traffic at the gas station. He really just wants to prove how big and bad he is. I'm willing to live with this. Does reaching for my belt (and the theoretical) present a threat to him that could be easily construed as attempting to deploy a deadly weapon?

My understanding of the law is that if someone physically attacks me and I raise the level of force beyond a reasonable response they may react to that level of force. While they may still be held accountable for the original attack if someone starts a fist fight and I decide to end it with a gun (and fail) and they respond with deadly force they can argue justification.

That being said the legal justification is likely a moot point. Say you (or whoever) are in a verbal altercation with someone and he reaches for his belt. What assumption are you making? I know I am making the assumption a deadly weapon is about to be introduced and that the level of force has just escalated.
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