imported post
xRapidDavex wrote:
GeneticsDave wrote:
Like I said before, that book isn't out yet.
If someone tries to take your firearm, I would not hesitate to draw on them and call the police to apprehend. Trying to take your weapon from you shows their intent to obtain and use your weapon.
Draw and point AT them, or just draw and point down in a ready position?
Edit: At that point, if you're in a struggle, would it be okay to use a knife against the person?
If you feel you should draw, you draw and point AT. Drawing down is generally viewed as an attempt to intimidate and is rarely justifiable. Drawing on is viewed as a defensive posture and is justifiable if the threat was of a nature where you felt in fear for your life.
If you are justified in drawing and readying a gun, you are justified in drawing and readying a knife. However, a knife is a back-up tool for scenarios that have become truly FUBAR. There is a continuum of force, and if you want to you can carry less lethal options such as pepper spray or a collapsible baton (careful; many states require a permit for baton use), however a gun, knife and taser are, in most jurisdictions, considered deadly weapons and their use is deadly force. In that case, logic states that you should use the most effective out of these weapons, since you're required to have the same justification.
To answer your original question, verbal taunting should be answered verbally, or not at all. If you choose to say something, it's your choice what tack to take; you can be a smartass, you can be upfront and direct, or you can wittily put the taunter down. DO NOT TAUNT BACK, AND DO NOT PROVOKE. You lose ALL justification for use of force if you do as it then becomes your word against his when deciding who instigated the fight. Regardless, you're armed, so you WILL be seen as the aggressor absent clear justification for use of force.
Personally, if asked "oh, so you think you're a big man because you carry a gun?", I would respond while still walking, "No, I think I'm areal man because I don't have to follow real men around trying to pick a fight". Use every opportunity to blow them off. If you stop and engage them, they're winning. They are trying to get a rise out of you.
If it progresses to physical contact, that is assault, which is use of force. In some States (I live in Texas, and it's true here) the threat of deadly force counts as the use of force, which is justifiable when faced with the threat of unlawful force. So, if he goes for your gun, tries to shove you, gets in your face or something similar, youmay nowbe justified in drawing on your assailant (because that's what he's become). You can also find yourself charged with armed assault, so be VERY careful and exercise EXTREME discretion regarding if and when to draw.
