I should have been more clear, my fault. I was referring to the last question the OP asked: "Do we have a duty to protect other innocents when someone is in the act of a violent crime?" I know that legally we do not. But morally? Everyone has to answer that question for themselves and believe me I will never knock anyone for what they would decide to do in an active shooter situation where innocent people are being mortally wounded. I just hope that if a (unarmed) family member of mine was in a situation like that without me, that someone (especially a CCW holder) would do something other than remain a "good witness". Thats all I meant in my previous post.
You can only use deadly force when the threat is present. His having just killed someone makes him a threat but he looks to be leaving. I am not LE so I really don't have any right to stop him and hold him. Yes I know there is the citizens arrest but I see stopping him causing a situation that would not happen without me becoming involved. Most likely causing me cost in the fight afterwards with the DA. While I believe in stopping the act of violent crime I do like to pick my fights. If there is no threat of and to loss of life that I can and could stop, I don't act.
Actually being there and seeing it happening could cause me to do all things in a different way. As I've stated before (from Roger Phillips) "SITUATIONS DICTATE STRATEGIES, STRATEGIES DICTATE TACTICS, AND TACTICS DICTATE TECHNIQUES"
And then there is always "Guantes" quote in my sig line
When you get caught flat-footed like that it can be a losing proposition for you to take the offensive. First thing is to ensure personal security of yourself and family. If the lead keeps flying then it is time to do something. In that scenario, I doubt I would have done anything.
Hard for me to say since I wasn't there. I guess if I felt like he was still the aggressor then I would have to shoot. But since I live in Illinois with no CC I can't (legally) be in such a situation.
As originally posted, the BG was leaving. The only thing I would do different would be to have my weapon "handy and out of sight" in case he decided to come back to finish the job. You also wouldn't want to be standing there holding a weapon when LE arrives.
First: If I wanted to keep my family safe, I wouldn't be with them at a Mexican restaurant unless we were leaving in separate vehicles.
Second: At the first gunshot, my weapon would be un-holstered and pointed in the general direction of the shooter before seeking cover - then I'd do the best I could to get my family and myself to cover without taking my eyes off the shooter.
That's not out of a desire to engage the shooter, it would be more because I know my fear of being exposed would be less than my fear of missing that crucial split second where the shooter decides to turn and target anyone in my family (or myself).
I'm not a quick-draw artist, or interested in testing my draw ability vs even the average BG. I'm not going to sacrifice my readiness to account for the potential ignorance of those around me.
If that's your threshold, you shouldn't even carry a gun (not "you" personally, a general "you") because there's always the potential that some nearby idiot may misinterpret your having a gun.
Sir, did it occur to you you can un holster your weapon WITHOUT pointing it in a "general direction" that would draw attention to yourself?
You are right about one thing...some folks should re think about carrying a gun until they get more training.