Ruger
Regular Member
imported post
Something I was just thinking about... I can't remember if this came up in my CCW class:
If a BG is attempting to rob you & has his hand in his pocketsaying that he has a gun, yet he has not displayed it (this kind of thing does happen), legally speaking, is this still considered to be a threat of deadly force which can in turn (under NC state law) be answered with deadly force? My gut instinct would be to shoot the piece of trash where he stands - even if he is bluffing, I would have no way of knowing for sure, so why should I chance it? I know that my common-sense approach might not stand up in court though.
I know that a non-specific verbal threat of violence does not legally justify use of deadly force, but it is a completely different situation (I think?) when the person is standing in front of you claiming to have a gun in their pocket that is pointed at you.
So I guess the bottom line is this: If he claims to have a gun, but you have no visual proof of it, can you still respond in the same fashion as if the gun were clearly visible?
I know, every response is going to be prefaced by IANAL, and the next time I am at Calibers I plan to ask Kenny (as he was the instructor for my CCW class), but I figured I'd throw the question up on the wall here too.
Something I was just thinking about... I can't remember if this came up in my CCW class:
If a BG is attempting to rob you & has his hand in his pocketsaying that he has a gun, yet he has not displayed it (this kind of thing does happen), legally speaking, is this still considered to be a threat of deadly force which can in turn (under NC state law) be answered with deadly force? My gut instinct would be to shoot the piece of trash where he stands - even if he is bluffing, I would have no way of knowing for sure, so why should I chance it? I know that my common-sense approach might not stand up in court though.
I know that a non-specific verbal threat of violence does not legally justify use of deadly force, but it is a completely different situation (I think?) when the person is standing in front of you claiming to have a gun in their pocket that is pointed at you.
So I guess the bottom line is this: If he claims to have a gun, but you have no visual proof of it, can you still respond in the same fashion as if the gun were clearly visible?
I know, every response is going to be prefaced by IANAL, and the next time I am at Calibers I plan to ask Kenny (as he was the instructor for my CCW class), but I figured I'd throw the question up on the wall here too.