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MLeake · January 9, 2012, 12:14 PM

Legally... your state may or may not have a "Duty to Retreat." You will want to consult a lawyer, ideally; at the least, consult a certified concealed carry instructor, and ask for paper copies and/or links to applicable regulations for your state.

At a more general level, most places require you to establish that a reasonable person, given the knowledge you had at the time, and placed in the same situation, would have done what you chose to do. Most places require you to establish that you feared death or great/grave bodily harm, and that the assailant(s) had the ability, the opportunity, and the active intent to harm you at the time you took action.

You asked about gangs. Disparity of force can be established when there are multiple assailants. (It could also be established by young person vs old person; adult vs child; healthy person vs crippled person; male vs female.)

That can take care of the "ability" aspect.

But again, you really should either consult an attorney, or at least get a competent trainer to point you at the applicable regulations.

Now, on a tactical level - getting into a shootout with a gang is obviously something to avoid, ideally by avoiding the gang in the first place.

If you can't avoid the gang, and can't avoid a confrontation... it might be wisest to hand over a wallet. (Some people carry spare wallets, with some throwaway cash and useless items in them, just for this purpose.)

Otherwise, hopefully A) You've trained at dealing with multiple assailants; B) the gang decides to leave when you draw, or, failing that, when the first gang member is hit; and C) You are prepared to move somewhere else, shortly thereafter, because gangs often hold grudges, and tend to have a lot of members who don't really worry about collateral damage when they decide to get back at somebody.

So, I'd focus on awareness and avoidance, and I'd only draw on a gang if I thought it was truly the only viable option.

YMMV.

And check with an attorney or instructor in your area.

January 9, 2012, 12:14 PM	#7
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	Legally... your state may or may not have a "Duty to Retreat." You will want to consult a lawyer, ideally; at the least, consult a certified concealed carry instructor, and ask for paper copies and/or links to applicable regulations for your state. At a more general level, most places require you to establish that a reasonable person, given the knowledge you had at the time, and placed in the same situation, would have done what you chose to do. Most places require you to establish that you feared death or great/grave bodily harm, and that the assailant(s) had the ability, the opportunity, and the active intent to harm you at the time you took action. You asked about gangs. Disparity of force can be established when there are multiple assailants. (It could also be established by young person vs old person; adult vs child; healthy person vs crippled person; male vs female.) That can take care of the "ability" aspect. But again, you really should either consult an attorney, or at least get a competent trainer to point you at the applicable regulations. Now, on a tactical level - getting into a shootout with a gang is obviously something to avoid, ideally by avoiding the gang in the first place. If you can't avoid the gang, and can't avoid a confrontation... it might be wisest to hand over a wallet. (Some people carry spare wallets, with some throwaway cash and useless items in them, just for this purpose.) Otherwise, hopefully A) You've trained at dealing with multiple assailants; B) the gang decides to leave when you draw, or, failing that, when the first gang member is hit; and C) You are prepared to move somewhere else, shortly thereafter, because gangs often hold grudges, and tend to have a lot of members who don't really worry about collateral damage when they decide to get back at somebody. So, I'd focus on awareness and avoidance, and I'd only draw on a gang if I thought it was truly the only viable option. YMMV. And check with an attorney or instructor in your area.