imported post
GWRedDragon wrote:
LEO 229 wrote:
Ah, but I cannot do this by law. This is what I was talking about.
If I were in Texas where I could legally shoot someone to prevent them from stealing my car, I wouldn't just draw and pop off rounds immediately...instead I would draw and order them out of the car. If they came at me, I'd fire.
The state law makers added a section to allow me because it is part of my job. Otherwise... bad guys could "fake it" and then charge me for drawing my gun thinking they were armed only to find they were no threat at all.
This would require me to KNOW they had a gun before I drew mine or I would have to wait for them to become an obvious threat. This means I would have to react instead of act.This puts me at a disadvantage attempting to perform my duties while acting as a law enforcement officer.
Read the code and decide how you would apply it to your own situation. It seems that you CAN do itbut you just need to explain and justify why.
So you might want to rethink your statement that you "cannot"....
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-282
§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.
However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.
C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
