H
Herr Heckler Koch
Guest
Yes, realistically. The hypothetical aspect is of how a gun was drawn in self-defense and not fired in that instant.
this question is very much like the responses you would make if you had to shoot an intruder of your home.
call the police and tell them you were in fear of your life,,, that you defended yourself,,, who and where the bad guy is.
do not give them anymore details untill you have talked to your lawyer!
the last thing you want to do is admit to a possible violation of 9.41.270 if you dont have to.
our 5th amendment right against self incrimination is important to remember to use, even if you have not commited a crime.
Here is an example of what I would do.
Call 911 immediately The call:
- Provide your location, your name and description.
- Describe the nature of the attack, a description of the assailant(s) and the location if you moved to a secure location.
- "I was in fear for my life."
- "I have my CPL." (optional, but may help)
- "I drew my firearm in self-defense."
- "The assailant(s) fled."
- "The scene is safe."
When the LEOs arrive:
Correct me if I'm wrong...
- Only describe the nature of the assault and a description of the assailant(s)
- "They attacked me"
- "I was in fear for my life."
- Otherwise Remain Silent!!!
- Don’t resist or consent.
- If arrested: "I am Innocent;" "I want a Lawyer."
always!but let your lawyer decide how and what to tell the cops.
Some jurisdictions might call that brandishing and assault, there you better call the cops.I don't believe just because you draw you you have to shoot, sometimes drawing it is just enough force to stop the threat.
I had a threat stopped by simply turning my strong side to the aggressor. And I didn't call the cops.
Some jurisdictions might call that brandishing and assault, there you better call the cops.
It's an extension of the caution against display of a weapon in an automobile; who will be believed when a report of an armed road-rager is made and the legally armed citizen is found to be armed indeed?
Some jurisdictions might call that brandishing and assault, there you better call the cops.
It's an extension of the caution against display of a weapon in an automobile; who will be believed when a report of an armed road-rager is made and the legally armed citizen is found to be armed indeed?
from my recent post in another thread,,,
well yea,,,,
Originally Posted by jsanchez
Well you know 95% of the time when a citizen pulls a gun in self defense they don't use it. The bad guy runs off.
then the badguy calls the cops to report that he was threatened by a man with a gun.
just ask Sigfan about that...
I have become convinced over the years, that If you pull your gun to defend yourself,
you NEED to shoot the threat!
actually shooting seems to be the only way to show that you were justified under 9.41.270,,, (c),3.
In this state, and its state of regard for the rights and protections of thugs,
simply turning strong side to allow a threat to see that you have the means to defend yourself,
can be construed and procecuted as a violation of 9.41.270.
I think it is Montana that recently passed a law that specificly Allows "displaying"
your Gun to a threat to Warn them that, "It would be Unwise to continue to Fjck with me"!
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(3) Subsection (1) of this section shall not apply to or affect the following:
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
I would report it right away just to protect me.
If you weren't doing any thing wrong no protection needed. If you were in the wrong just calling to report won't protect you at all.
A phone call to 911 in an incident like this doesn't put any magic force shield around anyone that will protect them from prosecution.
I don't believe that mere citizen is privileged to use deadly force to prevent a crime, certainly not in my jurisdiction. An element of common-law self-defense is to 'be in reasonable fear of great bodily harm,' and the protection of property is very controversial.
Do not need to cops for every little thing.