Watching COPS on TV, scenario for you all

This is a discussion on Watching COPS on TV, scenario for you all within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by smolck I guess the only question I have (and rarely hear anyone talk about) is can I pull my weapon and say ...

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Thread: Watching COPS on TV, scenario for you all

  1. #31
    Member Array carguy2244's Avatar
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    Quote Originally Posted by smolck View Post
    I guess the only question I have (and rarely hear anyone talk about) is can I pull my weapon and say "stop or I'll shoot". If he stops, I don't shoot. If he doesn't.......BANG!? But in the case he stops, am I liable for "brandishing a weapon"?

    Wow. You should've known the answer to that question before you ever carried a gun.

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  3. #32
    Senior Member Array bbqgrill's Avatar
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    Quote Originally Posted by carguy2244 View Post
    Wow. You should've known the answer to that question before you ever carried a gun.
    That is a little harsh; depends on what the OP meant by
    am I liable for "brandishing a weapon"?
    I took the question as would he be arrested not would he be convicted, IANAL, but I believe most state law would not convict with the evidence available but, I think arrest is very probably in many jurisdictions.
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  4. #33
    VIP Member Array smolck's Avatar
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    Quote Originally Posted by carguy2244 View Post
    Wow. You should've known the answer to that question before you ever carried a gun.
    These kind of responses are so helpful.

  5. #34
    Senior Member Array stevem174's Avatar
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    Quote Originally Posted by smolck View Post
    These kind of responses are so helpful.
    Take a look at this site. It should give you a place to start your research. After all, most of us are not Lawyers, and none of us will be standing next to you if you find yourself being questioned after a lethal force encounter.

    http://www.handgunlaw.us/states/alabama.pdf
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  6. #35
    VIP Member Array smolck's Avatar
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    Quote Originally Posted by stevem174 View Post
    Take a look at this site. It should give you a place to start your research. After all, most of us are not Lawyers, and none of us will be standing next to you if you find yourself being questioned after a lethal force encounter.

    http://www.handgunlaw.us/states/alabama.pdf
    I have studied Alabama Law exhaustively. I have also studied cases where legal carriers were arrested for pulling their weapons in defense situations. I was just asking for opinions on a forum. Anyone here would be sadly mistaken if they think I use this forum as my legal defense attorney. I like to discuss these issues and "scenarios". My question is valid. If you don't believe me, go look for cases where law abiding CC'ers were arrested for "brandishing". My RESEARCH led me to ask the question......it happens and could happen to you.

  7. #36
    Senior Member Array stevem174's Avatar
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    Quote Originally Posted by smolck View Post
    I have studied Alabama Law exhaustively. I have also studied cases where legal carriers were arrested for pulling their weapons in defense situations. I was just asking for opinions on a forum. Anyone here would be sadly mistaken if they think I use this forum as my legal defense attorney. I like to discuss these issues and "scenarios". My question is valid. If you don't believe me, go look for cases where law abiding CC'ers were arrested for "brandishing". My RESEARCH led me to ask the question......it happens and could happen to you.
    Sorry, my bad. I should have known that you have exhaustively studied Alabama law. I don't believe that I ever implied that your question wasn't valid.
    Don't do things you don't want to explain to the Paramedics!

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  8. #37
    VIP Member Array smolck's Avatar
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    Quote Originally Posted by stevem174 View Post
    Sorry, my bad. I should have known that you have exhaustively studied Alabama law. I don't believe that I ever implied that your question wasn't valid.
    Wasn't directed at you. I apologize if you felt like it was. I may be slightly aggressive being my mentality and brain power were questioned by another. Again, my apologies.

    It is just that law is so obscure. Why do they have to word it like Chinese? And nothing in our laws specifically say when you can and can't pull a weapon.

  9. #38
    Ex Member Array hamlet's Avatar
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    Part of the problem with specific instances and questions of Law is of course most of us are not attorneys. But it's also the nature of Law - which doesn't deal with examples but with abstract statements that define conditions, broad enough to be applicable to many situations - as APPLIED IN A COURT OF LAW. So, ultimately, what's legal is always somewhat dependent on what these people in this courtroom say and the evidence brought forward, challenged etc. and a specific group of people ultimately deciding what is true for THIS CASE.

    In practice, the Law is always "applied Law".

    However, just based on the circumstances the OP describes, it seems highly likely that the conditions of lethal SD action found in most areas would be adjudged to be present - and lethal action allowed. But in the end, that's just one opinion (mine) of what likely would happen. You could get more relevant opinions that mine - perhaps a known attorney in your area in the specialty of SD - with a proven track record. But even his opinion will be his opinion.
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  10. #39
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by smolck View Post
    Guy is walking down the street across from some apartments. A guy who lives in the apartments starts threatening the walker from his steps of the apartment. The walker keeps walking. The guy from the apartment keeps yelling "I'm gonna kill you, you privacy rapist" (lot of whackos out there) and then charges the guy with a knife. Ultimately in real life the walker was able to escape and the attacker went back home. The cops showed up and the walker ID'd the guy and the knife which the police found in his apartment.

    SO obviously a fight or flight scenario. But if someone charges you with a knife (you are alone) and you have a gun do you run away and hope you are faster or pull the gun and put him down?

    And by the way, it was clear from the post arrest comments that the attacker wasn't all there. Does that make a difference?


    Gee, YA THINK?

    In the scenario as described I would attempt to flee, while keeping an eye on the attacker. If he's faster than me or better endurance, which is quite possible when I feel he is not going to break off the chase, and manages to get within self defense range, 30 feet, I am drawing the gun as I turn and continue backing away, all the while yelling to draw attention from any witnesses that I was attempting to flee/desculate. If he continnues once he see's the gun he has now met all three A,O,J requirements in my mind and he will be in a gun fight, having brought a knife.

  11. #40
    Member Array KTCameraman's Avatar
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    In Texas we have a "stand your ground" policy as far as self defense. This policy, however, was probably in practice before it was made law, much like our Castle Doctrine. I remember as a boy seeing on the news that a homeless man had attacked an office worker in downtown Houston. Another citizen came to his aid and pulled his concealed weapon, telling the attacker to back off. The homeless man charged the good samaritan and was promptly dropped with a couple of .45 rounds. No charges would be filed against the samaritan... who happened to be a Harris County Judge.

    So, if I am threatened by a knife wielding attacker, I will pull my weapon. If I have time, I will utter a warning, but more than likely if he is charging at me, I will draw my weapon prepared to fire. And, if the sight of my firearm doesn't convince him that he has chosen the wrong victim, then I will fire as many times as necessary to stop the threat.
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  12. #41
    VIP Member Array dukalmighty's Avatar
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    I saw that episode also,the guy was either mentally off,or had consumed some shrooms or sumpin else,I don't wanta get sliced and diced,if it reaches a point of shoot or be gutted I'm shooting and in a perfect world he will still be gripping the knife when LEO show up
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  13. #42
    Senior Member Array ep1953's Avatar
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    Quote Originally Posted by smolck View Post
    Guy is walking down the street across from some apartments. A guy who lives in the apartments starts threatening the walker from his steps of the apartment. The walker keeps walking. The guy from the apartment keeps yelling "I'm gonna kill you, you privacy rapist" (lot of whackos out there) and then charges the guy with a knife. Ultimately in real life the walker was able to escape and the attacker went back home. The cops showed up and the walker ID'd the guy and the knife which the police found in his apartment.

    SO obviously a fight or flight scenario. But if someone charges you with a knife (you are alone) and you have a gun do you run away and hope you are faster or pull the gun and put him down?

    And by the way, it was clear from the post arrest comments that the attacker wasn't all there. Does that make a difference?
    Question 1: Double tap.
    Question 2: A crazy person's knife will kill you just as dead as a "sane" person's knife.

  14. #43
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    Im not fast enough to trust that i could out run someone, never have been ive just always had to stand and box. I would have to draw im probably not going to see if he stops, in my mind he has already commitied to killing or causing great bodily harm to me.

    It would be a shoot situation mentaly unstable or not from what the OP stated (and i saw that show as well) its a clear situation. Now that said i sure hope I never had to do that but i know i would, and i tihnk most would agree with that.
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