Defending oneself in a gun-free area?

Defending oneself in a gun-free area?

This is a discussion on Defending oneself in a gun-free area? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I am very good about researching where I can and can't carry each time I plan to carry. I have yet to carry in a ...

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Thread: Defending oneself in a gun-free area?

  1. #1
    New Member Array akplace21's Avatar
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    Defending oneself in a gun-free area?

    I am very good about researching where I can and can't carry each time I plan to carry. I have yet to carry in a non-carry area, but I haven't been carrying long. I have friends who have made the mistake of accidentally carrying in one of these gun-free areas and just went on as if they didn't have a firearm on them.

    Here is my hypothetical:
    What are the repercussions if a person with a valid CCW entered a gun free area such as a bank or posted establishment and used their firearm to save not only their own life but that of other patrons? You walk into the bank and a heavily armed person follows you in, fires a round or two, points the gun at you and..................?

    What do you do (I know what I would do)?

    What are your rights, if any?

    What legal issues do you face?


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    Welcome to DC.

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    VIP Member Array 1MoreGoodGuy's Avatar
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    Quote Originally Posted by akplace21 View Post
    I am very good about researching where I can and can't carry each time I plan to carry. I have yet to carry in a non-carry area, but I haven't been carrying long. I have friends who have made the mistake of accidentally carrying in one of these gun-free areas and just went on as if they didn't have a firearm on them.

    Here is my hypothetical:
    What are the repercussions if a person with a valid CCW entered a gun free area such as a bank or posted establishment and used their firearm to save not only their own life but that of other patrons? You walk into the bank and a heavily armed person follows you in, fires a round or two, points the gun at you and..................?

    What do you do (I know what I would do)?

    What are your rights, if any?

    What legal issues do you face?
    You should read the forum rules again...specifically rule 10:

    10. Discussion of illegal activities, except in reporting the actions of others, is not allowed. Discussion for the purpose of promoting these activities may subject the poster to being banned. Admission of illegal activity on your part will be removed. Anyone quoting or referencing deleted or edited posts will have their posts edited/removed as well. In short, DO NOT use this forum to admit to breaking the law, even in your distant past.
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    Member Array nicholasv00's Avatar
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    I would rather be judged by 12 than carried by 6, in any situation.. but that may just be me.

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    VIP Member Array 1MoreGoodGuy's Avatar
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    By the way, welcome to the forum.
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    1MoreGoodGuy
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    New Member Array akplace21's Avatar
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    1MoreGoodGuy, thank you for the welcome. I am in no way trying to promote breaking a law. I feel this is a legitimate question and the answers I'm looking for are not the "yes I would break the law", but rather what would your moral judgment call be? I do understand what you are saying though and I apologize to you and the patrons of this forum. Also, is reposting my thread like eating a cheeseburger in front of the kid you just told couldn't have one? Just funning!!!

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by akplace21 View Post
    I am very good about researching where I can and can't carry each time I plan to carry. I have yet to carry in a non-carry area, but I haven't been carrying long.

    Here is my hypothetical:
    What are the repercussions if a person with a valid CCW entered a gun free area such as a bank or posted establishment and used their firearm to save not only their own life but that of other patrons?
    It'll depend heavily on the state statutes regarding the force of law that such signs hold, and/or whether such places are specifically mentioned in the no-weapons areas in the CHL/firearms statutes.

    For example, in most states, it's not unlawful to carry into the publicly-accessible areas of a bank, and pretty little signs don't generally hold the force of law. In such a state, then, the standard use-of-force statutes would really be the only potential hot water one could land in, beyond any subsequent civil lawsuit for "pain & suffering" caused to the robber/rapist/murderer in question.

    But in any state where it's outright unlawful and criminal to go into a given place because it's on the list of prohibited places in the statutes for carrying weaponry, then it'll generally depend heavily on how heavy-handed the DA and GJ choose to get regarding the choice of evils. Frankly, IMO, the choice of evils question is simple: the benefits of protecting lives heavily outweighs the risks, though it's not my opinion that's going to keep me out of hot water in such a state. I strongly suspect that only in cases of clear saving of lives and no collateral damage would a person have a good chance of skating by on such heavy-handed charges of unlawful presence of weaponry at such a place (ie, at a bank in a state that prohibits carry in banks). Otherwise, sayonara to a few nickels, years in a cell, and one's RKBA.

    On this question, of knowing the finer points of law in one's own state, it's probably worth speaking with a competent attorney who's knowledgeable, experienced and successful in the defense of self-defense cases, one who knows the use-of-force and weaponry statutes cold, and who is very aware of the case law in question. We can have our opinions here, but they don't amount to much, really, beyond what the statutes require.
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    VIP Member Array searcher 45's Avatar
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    Again study the Laws of your state and stay within them.

    Just use the drive through etc. and stay out of trouble.

    As to fighting a BG in a public place like bank, if you have not trained you have a very good chance of being shot, or wounding or killing bystander, or dying yourself.

    A CC with a pocket 380acp or snubby would be greatly out gunned by BG's AR, shotgun or service pistol etc.

    Before I would be put on the floor or herded to back room I would consider making the fight and making the BG bleed for his miss deeds.

    There is a higher law of survival that probably can not be used to justify in court taking action with a CC in a GUN FREE STOP AND ROB.

    Just use the drive through and be SA.
    NOT LIVING IN FEAR, JUST READY!!!
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    Welcome to the forum. Are you positive possession in a bank is not legal in OH? I could not find anything that said banks were a gun free zone in OH.
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    Hypothetically, if you inadvertently enter a gun-free area and must defend yourself, do so and worry about the repercussions afterwards. If you're dead it won't matter.
    Last edited by OldVet; June 19th, 2013 at 12:27 PM.
    Retired USAF E-8. Lighten up and enjoy life because:
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    Senior Member Array BkCo1's Avatar
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    There is a defense called competing harms. Look it up under Mass Ayab. He has a lot of books and articles on self defense.
    Semper Fi
    "Marines don't surrender-they win or die." from Brute

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    Senior Member Array XD40SCiinNC's Avatar
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    Work to change the laws that create unarmed target zones for criminals.

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    Member Array BobbyLee's Avatar
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    I carried in a hospital once that had the 30.06 posted but it was on the stationary left pane sliding doors. The hospital has valet parking and they had their station right in front of the posting. The law states that it has to be visible. I saw the posting later and now do not carry there. But I don't think I could be prosecuted in this instance.

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    VIP Member Array 9MMare's Avatar
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    Quote Originally Posted by 1MoreGoodGuy View Post
    You should read the forum rules again...specifically rule 10:
    Well, I'm not sure of his intent but his post didnt specifically say 'legally' posted gun-free area.
    Fortune favors the bold.

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    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

  15. #15
    New Member Array akplace21's Avatar
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    This is exactly what I expected to get from this. It all depends on who you ask. It all depends on how you interpret the law and who owns the establishment. There could be two banks or restaurants from the same chain, one on each end of the town. One is pro gun, while the other is posted no guns. The states who are open to carry, either open or concealed should mandate that all establishment follow suit. Sorry, just my rant!

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