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 ...
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.am I liable for "brandishing a weapon"?
"To believe that social reforms can eradicate evil altogether is to forget that evil is a protean creature, forever assuming a new shape when deprived of an old one." - SAT
Never argue with an idiot - they'll bring you down to their level then beat you with experience.
Don't do things you don't want to explain to the Paramedics!
Stupidity should be painful.
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.
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.
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.
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.
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
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
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.
STUPID=WELL YOU CANT FIX THEM ALL