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Another LEO/ Anyone Hypothetical situation

riflemikeriflemike Member Posts: 10,599
edited June 2008 in General Discussion
I am sitting in my vehicle minding my on business, I see someone approaching my vehicle with a weapon longgun or handgun, Not pointed at me but approaching me. Mine is beside me on the seat,( not that I own one [:D][:D][:D]

Do I feel threatened, of course I do. Would I be justified in shooting 1st and asking questions later? Or would that have to be determined at a later date.
Thanks

Comments

  • Laredo LeftyLaredo Lefty Member Posts: 13,451 ✭✭✭
    edited November -1
    If the person is just carrying a gun, you would not be justified in shooting. if they point the gun at you or state they are going to shoot you and move to do so, then you would be justified to shoot. This is assuming the person is not wearing a police uniform.
  • buschmasterbuschmaster Member Posts: 14,229 ✭✭✭
    edited November -1
    betcha doing that with a cop just might get you shot. "weapon drawn".

    civilian on the other hand? charged with manslaughter.

    if it was me in the car, I don't know. at that point I don't have my hand on my gun, and he does on his. he got the drop on me. not good to aggravate the situation unless he's far enough away.
  • riflemikeriflemike Member Posts: 10,599
    edited November -1
    But if they raise it to shoot and its already in their hand unholstered or whatever (and mine if I had one) is still on the seat or even if I have my hand on it is probably going to be too late for me. I guess that is just the way it is. ANd Im not talking about LEO of someone yelling police dont move. I could pretty much tell if they were in uniform or yelling police.
    thanks
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    Difficult call. Guess you can only covertly ready your firearm and see what develops next. Or if possible drive away, stop at a distance and observe what happens then.
  • bhale187bhale187 Member Posts: 7,798
    edited November -1
    The real question you should pose to yourself is, Can I convince a jury that a reasonable person in the same situation would have reason to fear for his life. If you can answer yes to that you can plant him.
  • riflemikeriflemike Member Posts: 10,599
    edited November -1
    If they were a hundred feet away i would drive away fast or run whichever need be. But if they are in a car beside or behind and unless you can drive away there is not going to be a lot of time to think about it. Like I said if i could run I would to avoid a confrontation.
    mike
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    WHAT...[:0]....No one has asked?

    More than one person?
    What sex is this person?
    What race is this person?
    Business suit or blue genes and T-shirt?
    Any tattoos?
    Dreadlocks?
    Time of day?
    In town or country?
    If town, what part of town?
    Is the hammer on the gun cocked?


    The legal advice you get here, is worth every penny you pay for it.
  • bpostbpost Member Posts: 32,669 ✭✭✭✭
    edited November -1
    Ain't gonna happen so try not to worry.
  • quickmajikquickmajik Member Posts: 15,576 ✭✭✭
    edited November -1
    You could not shoot a man for packing a gun and walking in your general direction. That would be the same as someone walking past your car and happens too see your gun and judges you a threat and shoots you because it was to close to hand for they're comfort..

    Casually put your hand on your weapon while observing the threat to glean what you can about his motivations. If his attention is exclusively on you and his posture is tense, it could bode badly. It could also mean he has someone else watching his back and you should be mindful. What you do from there depeneds on the escalation of the situation.
  • dheffleydheffley Member Posts: 25,000
    edited November -1
    quote:Originally posted by riflemike
    I am sitting in my vehicle minding my on business, I see someone approaching my vehicle with a weapon longgun or handgun, Not pointed at me but approaching me. Mine is beside me on the seat,( not that I own one [:D][:D][:D]

    Do I feel threatened, of course I do. Would I be justified in shooting 1st and asking questions later? Or would that have to be determined at a later date.
    Thanks


    Since it's legal in Texas to tote a long gun down the street, unless he was doing something else in a threatening manner, you would be out of line to shoot if it happened here.
  • Wolf.Wolf. Member Posts: 2,223 ✭✭✭✭✭
    edited November -1
    ===
    Personally, I would be color blind, but, cop or no cop, I would take note of the other person's weapon, his clothing, his body language, his * experession, his walking speed, his actual direction, surrounding area, what's going on around (and behind) you, and any of probably a dozen other things that tell you to shoot or don't shoot.

    Yes, you do have time for this. All this feedback goes through your mind in a second or less.

    If you perceive that it's time to shoot, it probably is. If you are wrong, se la vie. Like they say in sexual harrassment cases, you don't have to be sexually harrassing someone; if they perceive that you are harrassing them, that's all it takes to make the case valid.
  • cce1302cce1302 Member Posts: 9,555 ✭✭✭
    edited November -1
    My first instinct would be to drive away.
  • 47studebaker47studebaker Member Posts: 2,251 ✭✭✭✭✭
    edited November -1
    these are the thoughts that go thru a cops mind once in a while, it's usually D amed if you do and d amed if you don't.
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