However, this does introduce another scenario which could very well be a consideration for discussion. Suppose a citizen pulls his gun, but doesn't fire in hopes the BG will suddenly cease his criminal intent. The BG sees the gun pointed at him by the citizen and immediately drops his weapon (whatever it is), then turns to face the GG and says, "Ok MF, what are you going to do... shoot me? I don't think so." As he says this, he starts coming towards the GG since the GG has already demonstrated his hesitation. The BG is a little bigger but most important is his demeanor. He has no qualms about hurting the GG badly like right now. So do you shoot, turn and run, or try to fight?
Disregard any disparity of force considerations in this scenario.
If there's no disparity of force, then he's as likely to win as I would. I'll ignore the "the BG is a little bigger" as that's a disparity.
Choosing to fight would be a stupid, machismo move, as it's likely that both of us would be seriously injured, and one of us might wind up dead. I don't like those odds!
On the other hand, running away is always an option, and depending on the situation, might very well be your safest "live to fight another day" option, particularly if he has armed friend(s) waiting outside. If you shoot him, you'll draw attention to yourself and will invite the ire of his friend(s). That's a good thing? On the other hand, if he's a menace and his friends are entering the store, you're definately in a pickle! There are ways of turning the tables, but that's well beyond the scope of this thread.
Back to the single BG... Since he's laid down his weapon, you've already got the advantage, so why not press it? If he says, "what are you doing to do, shoot me?" say, "
Yes!" and issue him stop commands. If the BG kept advancing, combined with the other information you've provided, that's an attack with intent to commit mayhem or murder. I'd be in fear of loss of life or limb, and would use deadly force to stop the attack.
I'm not sure what you meant about "hesitation," however. Did the GG draw his weapon and is just standing there like a goof without doing anything else? That's not good, as it gives at least some measure of control back to the BG.
One the GG draws his firearm,
he needs to take action to stop the attack. There are two steps involved:
1. A verbal directive to stop backed up by the threat of deadly force. This usually sounds like,
"Stop, or I'll shoot!" If he stops, continue to press your advantage, with
"Get down! Down on the ground! Put your hands over your head!" If he's slow about it, throw in a
"Do it! Do it now!"
Remember: By drawing a deadly weapon on him, you've initiated a measure of control. You've
got to maintain that control, as failure to do so could cost you your life.
2. If the BG fails to follow your verbal commands to cease and surrender, use deadly force as required (as as allowed by local law) to protect life and limb.
Try not to confuse any hesitancy or waffling on his part as refusal, though, as he may simply be weighing his options (he may also be slow of thought, if not scared out of his gourd). But don't give him much time to think, either!
Keep repeated your commands.
You initiated control; now maintain it.
If he gives up, you've won, but don't let your guard down for a second, as he could always change his mind. If he advances toward you, whether he rushes you or is simply creeping, then he has NOT stopped his attack. Repeat your commands if you have time and distance, but
do not let him continue to advance.
Sometimes there's no time for the first step, but if the situation allows for it, I think it's better to attempt it.