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Wold you report it? (Hypocritical)

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.
 

1245A Defender

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Jul 7, 2009
Messages
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north mason county, Washington, USA
well,,,

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:

  • 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."
Correct me if I'm wrong... :p

OK,,, I think you , and others, are wrong...
I dont think anybody should tell the cops anything that INCRIMINATES themselves!
I would not say "I have a CPL, I have a gun, I "brandished", I shot somebody, I killed somebody".
I would only say "I defended myself".
defending yourself could be anything from yelling, to hitting, to shooting, But let your lawyer decide how and what to tell the cops.
 

sudden valley gunner

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Dec 13, 2008
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Whatcom County
Depends on the situation.

Remember some innocent guy got the mexican piss beat out of him because someone called the cops on an incident and the cops decided to go after the first men of the ethnic background of the "suspect".

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.
 
H

Herr Heckler Koch

Guest
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?
 

sudden valley gunner

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Whatcom County
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?

We have no brandishing statutes in this state. The guy calmed down after and was extremely polite later.

So instead of a calm turning and a demand to drop his hammer, I should have just pulled and shoot? Nah...it worked out well.....but if he had continued toward me and entered that 21 ft. zone or so it may have turned out differently. Maybe all he wanted to do was get in my face and yell I don't know. I made a judgement call and didn't call the cops. I am very reluctant to call them for every little thing. For the very reason you stated they could construe what I did as wrong, just like they did with Sigfan, he didn't shoot either and then was drummed up on charges. The system is broken ran by broken individuals.
 

1245A Defender

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north mason county, Washington, USA
well,,,

from my recent post in another thread,,,

[h=2]well yea,,,,[/h]

quote_icon.png
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"!

 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,241
Location
Philipsburg, Montana
Yes, I would (or someone with me) call 911. An individual(s) who attacked me is still loose. LEOs can continue the search. If he(they) bleeds out, there will be a body out there with my name on it.
 

okkid

Regular Member
Joined
Jan 22, 2008
Messages
172
Location
Hoquiam, , USA
Well first off I know every cop here and like I said no need to call the cops every time you had to defend yourself.
Im not a robot I have to make a choice and thats what I did.
 

FallonJeeper

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Joined
Dec 27, 2011
Messages
576
Location
Fallon, NV
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?

I can hear it now.

"Sorry mister, I know you threatened me, and now are being frightened away by my unholstering my firearm. But, I hope you don't mind if I shoot you, possibly in the back, as you run away. But I've pulled my weapon and I must now shoot you, or take the risk of being charged with brandishing a weapon."

If you have to wait until you know you're going to have to shoot somebody, and that is the intent of pulling your weapon, then you're too late. If you pull your weapon and are prepared to use it, and you better be, doesn't mean you have to.

Situations change in a blink of an eye. I would much rather be prepared to shoot and not have to, than pull my weapon when it's too late. If the bad guy continues at you, and you are in fear for your life and justifiable in shooting, then you shoot. If the bad guy turns and runs, you are no longer justified.

Police pull their weapon all the time. Doesn't mean they are going to shoot. This, they do, as a measure of safety. Why would it be different for others? Brandishing is when you threaten others with a visible display of a weapon. This means you're instigating. I'm pretty sure if you're a victim and pull your firearm to defend your self, it doesn't apply.
 

bennie1986

Regular Member
Joined
Jul 30, 2009
Messages
368
Location
Spokane, Washington, USA
I've drawn a few times and called the cops every time and have never been contacted. All they cared about is if I got a shot off, which I thankfully didn't have to.
 
Last edited:

Metalhead47

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Joined
Apr 20, 2009
Messages
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Location
South Whidbey, Washington, USA
from my recent post in another thread,,,

well yea,,,,


quote_icon.png
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;

Specific protection IN .270 against a .270 violation.

Besides, we all know that when it all comes down to it, doesn't matter if you did everything 100% right or 100% wrong according to the law, whether or not your life becomes a clustermug from that point on is entirely the will of the local prosecutor and what sort of agenda he wants to advance.
 

BigDave

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Assuming a crime was committed or attempted on you or another regardless if you draw or not one needs to report it or it just promotes more of the same upon another.

(posted for clairty of how the rcw reads, just posting the (c) portion gives little information to the reader.)
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;
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
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North of Seattle, Washington, USA
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.
 

bennie1986

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Messages
368
Location
Spokane, Washington, USA
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 agree it doesn't automatically guard you from prosecution but it does make you look better in that you were confident in your actions and have nothing to hide.
 

BigDave

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Seems many to be over looking the obvious, a crime was committed or was about to be committed upon you or another in your premise as someone being robbed, assaulted, rape etc etc that would justify one to draw their weapon.
The crime being reported would be the high point of the contact and then your actions in relationship to the crime of another.

If someone is drawing their weapon to defend themselves when a crime is not present then maybe somebody needs to rethink their position on the use of deadly force.
 
H

Herr Heckler Koch

Guest
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.
 

Metalhead47

Regular Member
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Messages
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South Whidbey, Washington, USA
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.

Washington State law allows the use of force, including deadly, to "prevent a felony," or against an intruder in your home.
 
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