Results 1 to 11 of 11

Thread: What constitutes drawing a weapon on somebody?

  1. #1
    Regular Member
    Join Date
    Sep 2006
    Location
    VA
    Posts
    469

    Post imported post

    I always thought that they had to be visibly holding a firearm/dangerous weapon that could endanger your life, but isn't there some law in Florida that says you can do it if you feel "threatened" in any way? Just another one of those "just in case "questions. I was at a stoplight a few days ago and I saw an altercation between two cars, and one man from a car stepped out and started banging on the other vehicles windshield. I don't think that this would constitute the other person to draw on him, but it made me wonder. Always trying to abide by the law, but its a little vague sometimes so it's good to know.

  2. #2
    Regular Member
    Join Date
    Dec 2006
    Location
    Livingston Co., Michigan, , USA
    Posts
    275

    Post imported post

    What constitutes drawing a weapon on somebody?

    Grasping the wepon in your hand & clearing the holster.

    I think what you are asking is what *Justifies* drawing on someone.

    That would change depending on what state you happen to be in. Here in MI we now can use deadly force if a reasonable man would feel threatened with all the usual stuff........

    Banging on my window at a traffic light??? I don't think so but when it broke..... Look out. Shooting someone is still the LAST resort but if I thought I needed to... I wouldn't be worried about if someone else thought it was legal.

  3. #3
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231

    Post imported post

    What justifies a drawdown will vary from State to State--- and might even be different at the county or locality level as well.

    Here in California, a reasonable person in fear of death or great bodily injuryfor themselves or othersis justified in using lethal force.

    Yourscenario thoughis a bit muddier. Getting involved in defending someone else is a dicey situation as you do not know the totality of the circumstances- including the relationship of an apparent assailant and victim. You dont know if it is a policeman and suspect... Orwhether the assailant is violently drunken or justautistic, retarded, or a diabetic in the midst ofa crash. (Of note, a few years ago a autistic kid was tackled and injured after he was unresponsive to police orders- they were investigating a prowler and assumed the teen was their suspect. This could have easily been such a lethal force situation. If the police cant tell- regular Joe's probably wont either.)

    In any case, even being armed as I am, Im in no hurry to go galloping to a stranger's defense unless it is demonstrated that immediate action must be taken.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  4. #4
    Regular Member VAopencarry's Avatar
    Join Date
    May 2006
    Location
    The 'Dena, Mаяуlaпd
    Posts
    2,147

    Post imported post

    Ask yourself are you justified in shooting this person, NOT 'drawing' on them.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  5. #5
    Regular Member
    Join Date
    Apr 2007
    Location
    Tacoma, Washington, USA
    Posts
    32

    Post imported post

    I think that you guys are forgetting that you don't have to draw anything to stop the situation from escalating. First off, you know that you have a gun so you can grow your balls a little bigger than normal because you are protected. Tell the guy to stop and move on. If he takes a step towards you, you are more than justified to draw. If he continues, pull up your jacket(or whatever) and expose your peice and resubmit your order. I'm sure that they scumbag will move on.

    Before you guys start in on me, yes I know that exposing your piece in a "menacing or intimidating manner" is against the law, but so is shooting someone dead. You can break the law in these regaurds if you are justified and if scumbagly is banging on someones window and manking threats you are well within your rights. If you were to be arrested for that I'd say bring it on. I'm an eloquent speaker and I will get a "not guilty" vote any day, then a few thousand from my lawsuit.

  6. #6
    State Researcher
    Join Date
    Oct 2006
    Location
    Ocean Shores, WA
    Posts
    593

    Post imported post

    Jackal wrote:
    I think that you guys are forgetting that you don't have to draw anything to stop the situation from escalating. First off, you know that you have a gun so you can grow your balls a little bigger than normal because you are protected. Tell the guy to stop and move on. If he takes a step towards you, you are more than justified to draw. If he continues, pull up your jacket(or whatever) and expose your peice and resubmit your order. I'm sure that they scumbag will move on.

    Before you guys start in on me, yes I know that exposing your piece in a "menacing or intimidating manner" is against the law, but so is shooting someone dead. You can break the law in these regaurds if you are justified and if scumbagly is banging on someones window and manking threats you are well within your rights. If you were to be arrested for that I'd say bring it on. I'm an eloquent speaker and I will get a "not guilty" vote any day, then a few thousand from my lawsuit.

    Mr. Eloquent Speaker,

    Would you please say that again so that it makes sense?

    LoveMyCountry


    P.S. Spellcheck can be your friend. :P

  7. #7
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350

    Post imported post

    You can break the law in these regaurds if you are justified
    Sorry man, but you're pretty much wrong. You are only legally justified in taking someone else's life in self defense because it is outlined in the law, and distinctly separated from murder. Now I'm not a lawyer, but I can say with relative confidence that there isn't any law describing the "justifiable use of brandishing a firearm".

    If I ever have to draw my weapon, someone is going to be shot, period. Any verbal warnings will be as I'm drawing my weapon, and unless he completely stops his violent act and runs away before I pull the trigger, he's going down.

  8. #8
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766

    Post imported post

    Lets not forget doing everything possible to de-escalate and/or avoid.

    Remember, the rule of thumb is: "imminent and otherwise unavoidable threat of death or gave bodily injury to the innocent."

    If you can avoid it by driving away you should.

    If you can drive a half block, call the police, and watch the guy from safety until they arrive, great!

    The onlytactical situationsI've been able to imagine brandishing beingreasonably legally secureis when I'm outnumbered with badguy contact weapons in view or clear verbal threats made; or a knife inside 21 ft where waiting for the movement to contact would be too late to draw. With me being trapped or retreat not safe in either situation.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  9. #9
    Regular Member
    Join Date
    Apr 2007
    Location
    , Ohio, USA
    Posts
    52

    Post imported post

    DreQo wrote:
    You can break the law in these regaurds if you are justified
    Sorry man, but you're pretty much wrong. You are only legally justified in taking someone else's life in self defense because it is outlined in the law, and distinctly separated from murder. Now I'm not a lawyer, but I can say with relative confidence that there isn't any law describing the "justifiable use of brandishing a firearm".

    If I ever have to draw my weapon, someone is going to be shot, period. Any verbal warnings will be as I'm drawing my weapon, and unless he completely stops his violent act and runs away before I pull the trigger, he's going down.
    I didn't realize pulling up a shirt or opening a vest showing one is armed constitutes brandishing. I thought "brandishing" meant it was in one's hand.

    Am I wrong on this?

  10. #10
    State Researcher
    Join Date
    Jan 2007
    Location
    Minnesota
    Posts
    2,350

    Post imported post

    I didn't realize pulling up a shirt or opening a vest showing one is armed constitutes brandishing. I thought "brandishing" meant it was in one's hand.

    Am I wrong on this?
    I personally don't think that fits the definition of brandishing, however I have heard of people doing just that and being accused ofbrandishing by others, including LEOs. It could also probably be thrown under "going armed to the terror of the people", especially since your purpose in that case would literally be to scare the guy.

    I guess the bottom line is presenting a holstered weapon in a threatening manner (situationally justified or not) is not a good tactical decision. When you are concealed, there should be as little time as possible between the assailant realizing you have a weapon, and the point in which you're able to use it. If you "show" them that you have a weapon on your hip, that may immediately trigger a reaction from them to attack you and you may have lost your chance to draw to defend yourself.

    If you're carrying openly, the same general theory can be applied. They obviously know you have the gun, andthe secondyou startmoving towards it, they're going to react. So the only time you want to move to your weapon is when you're in the process of drawing to fire, hopefully as quickly as possible.

  11. #11
    Regular Member
    Join Date
    Jun 2006
    Location
    Bristol, Virginia, USA
    Posts
    65

    Post imported post

    Mercutio545, there was asituation in Kingsport, Tennessee this week that was similar to the one you witnessed. From http://www.tricities.com. By "victim" they mean the gentleman that started the fight and then got shot. Opie

    http://www.tricities.com/tristate/tr...5-15-0038.html

    Shooting victim charged in argument

    Tuesday, May 15, 2007 - 06:29 PM

    BY Bristol Herald Courier Staff ReportsSend e-mail

    Shooting victim charged in argument

    KINGSPORT – A middle-of-the-road argument that resulted in a shooting last week has prompted charges against the victim, a Kingsport Police detective said today.

    Lawrence Jennings, 46, of 349 Virgil Ave., Kingsport, was charged with vandalism and auto burglary, said Det. David Joe Cole.

    Jennings stopped Giles Ferguson’s car in the roadway May 7 so he could talk to Ferguson’s passenger, Hidia Lawson, who is Jennings’ ex-girlfriend, the detective said. Police said Jennings kicked and hit Ferguson’s car, forced his way inside and hit Ferguson in the face.

    Ferguson, who has a valid handgun carry permit, pulled out a weapon and shot Jennings. Jennings will be arraigned on the charges Wednesday in Kingsport General Sessions Court.


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •