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On the question below from AAM. Of the first three answers, two contained instances where a "Concealed Weapon" was produced, but not used. My understanding of my states laws in our "SDA"(Self Defense Act), producing a firearm and NOT using (firing?) it is termed "brandishing" or "threatening" and may/can be punishable by law. How does your states law read.
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I do not know how the law reads. But if a pistol is pulled, and attacker flees; it would be stupid, in most cases, to then fire. -
EJP/hawndog
Please don't misunderstand. I'm not saying what you did was in any way wrong. I do not believe in just blowing folks away left and right.
Our concealed carry classes taught us (2004!) to try to "defuse" the situation and only produce your weapon as a "last resort". I may be trying to be too "literal" in my interpretation of our state law, but I sure don't want to loose my CWL for something like that.Comment
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BTW! Since I took my class, OK has passed "stand your ground" and "Castle Doctrine" laws.Comment
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The attacker must be within 14 feet and emminent threat of life with no recourse of action. The gun has to be conceiled totally until pulled. If you do not shoot the suspect has to be retained until police arrive at which time you are to surrender your weapon. If however the suspect does not remain detained he has the recourse of coming back and filing charges for brandishing. Which is where the14 feet of standing you ground comes in. The weapon was not be shown. Even the outline of said such weapon is considered brandishing and considered a threat and punishable not limited to arrest and recourse of laws. Stuoid laws but effective in keeping conceiled conceiled and not open carry. Keeps people from threatening force with no intend to insight riotComment
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Bubba,
Understood, no harsh feelings. I would think, and hope that laws regarding brandishing weapons, are not referring to self defence.Comment
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Bubba is correct. If you to shoot a criminal inside your home, your life or your family's life, must be life threaten danger. If you kill or wound a criminal in your home, then he or his family could file a lawsuit against you. God Bless America!Comment
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deer hunter,
laws are different in different states.
Open carry is legal in most states including my state of Alabama. I do not open carry, but this set of laws you have outlined would seem to contradict that.Comment
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Well FirstBubba in TX where I live I don't see anything in our laws about brandishing weapons in self defense.Comment
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Quick question, FirstBubba what state do you live inComment
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If you create a public disturbance you can be cited, even open carry (which is legal) in Ohio if it creates public disturbance you can be cited.
If you draw for a credible threat and the threat leaves i do not think you would be cited for not firing.Comment
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I think thats the law in Ga too, but don't hold me to it.Comment
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AAM
OK
deerhunterrick
That does "make sense", but I'm put off by the "14 foot" rule. Why 14? Why not 15? If yo feel threatened and shoot at 14" 6", are you up Fecal Creek?
Sorry rick. I don't really expect an answer, it's just what runs through my mind when I see stuff like that! LOL! (Laser sight/rangefinder in your grip like "Lasermark"?)
In the beginning, as I understand it, you were required to "attempt" to leave. If you stumbled into a robbery in progress, you couldn't intervene unless you were threatened too.
BTW! rick, 14' AIN'T VERY FAR! Everything I've read on concealed carry incidents says the "majority" occur within 20 feet! Tain't fer neither!
God bless all us gun toters! May we never have to use 'em. May the good Lord guide our hand should the need arise and may we NEVER fire in anger! Amen!Comment
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I have seen some LEO training that mentioned the number of feet to a suspect. everything changes when they are within the number of feet and able to grasp one another. perhaps a LEO could expound on that.Comment
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The 14 foot law is just crazy, what if they are pointing a weapon at you and they are 50 feet from you.Comment
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