Curious about a shooting scenario with the aggressor running while shooting

This is a discussion on Curious about a shooting scenario with the aggressor running while shooting within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I am curious to some of your thoughts. Some aggressors seem to run away and shoot at the victim at the same time when the ...

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Thread: Curious about a shooting scenario with the aggressor running while shooting

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    New Member Array orlean1's Avatar
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    Curious about a shooting scenario with the aggressor running while shooting

    I am curious to some of your thoughts. Some aggressors seem to run away and shoot at the victim at the same time when the victim displays any type of defense tactic during an assult or crime. Not all the time but we have all seen or heard these type of scenarios. Since the aggressor is running away would that prohibit your ability to return fire if you were the victim. My thought would be even though the aggressor is running away he is still presenting a deadly threat by shooting at me and I would return fire. I'm just wondering how courts would view that scenario.
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    VIP Member Array Easy8's Avatar
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    If i could not take cover an was sure of what was behind runner I would be shooting back.
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    Quote Originally Posted by orlean1 View Post
    I am curious to some of your thoughts. Some aggressors seem to run away and shoot at the victim at the same time when the victim displays any type of defense tactic during an assult or crime. Not all the time but we have all seen or heard these type of scenarios. Since the aggressor is running away would that prohibit your ability to return fire if you were the victim. My thought would be even though the aggressor is running away he is still presenting a deadly threat by shooting at me and I would return fire. I'm just wondering how courts would view that scenario.
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    As you will read here over and over, it always depends on the specific circumstances - where are you, how close are you, who else is there, etc. However, generally speaking if I am taking fire I am returning if it is at all possible to do so.

    Welcome to the forum!

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by orlean1 View Post
    I am curious to some of your thoughts. Some aggressors seem to run away and shoot at the victim at the same time when the victim displays any type of defense tactic during an assult or crime. Not all the time but we have all seen or heard these type of scenarios. Since the aggressor is running away would that prohibit your ability to return fire if you were the victim. My thought would be even though the aggressor is running away he is still presenting a deadly threat by shooting at me and I would return fire. I'm just wondering how courts would view that scenario.
    What would prohibit my defending myself if the threat still existed? Nothing.

    Would courts in the pocket of the blind-sheep criminalizers of self-defense jump on my back for doing so? In NY, probably. In other anti-gunner states, very likely. Even if living in a county where a given anti-gunner district attorney has set up shop, sure. But the truth would still be the truth, and I'd fully expect to be able to show the truth to any jury with its eyes open to the simple realities of death on your doorstep. It's not so difficult to show you're in legitimate and justifiable fear of loss of life, with bullets flying from a violent felon's weapon, no matter that that felon has turned this way or that, is ostensibly moving here or there, or even that the felon claims later that he was fleeing or leaving. Being fired upon pretty much puts to rest any legitimacy of a claim there was no threat at the time I was attempting to erase that threat.

    That said, it behooves all of us to be well aware of the "fleeing felon" elements of the statutes in our states. Many anti-gunner sorts in our states will jump all over us if given the least opportunity to do so, when being the one left standing when guns are involved. Myself, if the threat is real and ongoing, I'll be damned if I'm just going to sit there and do nothing, presuming it's still suitable to be attempting to erase that threat, not putting others at risk, etc.
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    New Member Array orlean1's Avatar
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    Thanks for the welcome everyone. I've been on for a few months monitoring. This was my first post. I carry a FNX 45 non tactical as my EDC. I use a Purecustoms Black ops pro (OWB) for my holster works very well. I'm pretty big guy. 6'4" 270 stocky build so it hides well with just my everyday tee shirts. I use bullhide gun belts 1.5 for the support. The only times I don't carry is at home and while at work. Otherwise it is on my hip
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    If someone is shooting at me, I'm not going to worry about what would happen if I were to end up in court. I'll deal with that if I survive.
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    Distinguished Member Array Exacto's Avatar
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    The problem with that scenario is that unless there are credible witnesses to the event, all the police are going to see is a guy shot in some part of the back of the body. If you are going to rely on telling the police the truth and them believing you, you have a huge problem. He was running away but still shooting at me, ok, we'll let the jury and the judge deal with this. Our job is not to try you, we have a guy with gunshot wounds in the back, you will have a chance to convince a jury of what happened, and in that case, it would be a very long hard uphill fight you will most likely lose.
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    Senior Member Array JDavisArk's Avatar
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    Quote Originally Posted by orlean1 View Post
    I am curious to some of your thoughts. Some aggressors seem to run away and shoot at the victim at the same time when the victim displays any type of defense tactic during an assult or crime. Not all the time but we have all seen or heard these type of scenarios. Since the aggressor is running away would that prohibit your ability to return fire if you were the victim. My thought would be even though the aggressor is running away he is still presenting a deadly threat by shooting at me and I would return fire. I'm just wondering how courts would view that scenario.
    Look at this sensibly. If the aggressor is firing back at you (the victim), they must be looking toward you correct? In that case, shoot for the head and avoid shooting them in the back. The courts can view things after the fact, and juries and prosecuting attorneys can work their magic any way they see fit. Thing is, would you rather be killed by a dirtbag, or spend a few years behind bars alive? No matter how well anyone explains things in their own opinion of how things might play out in the end of you defending your own life, it comes down to one simple choice. You want to live, or you willing to die? Worrying about how the law and how the system will treat you once you're wrapped up in it will surely get you killed. That's what the government wants is for everyone to be dependent on a thought or lack thereof and disinformation (everyone and anyone is a criminal these days in the eyes of the law because the lawmakers keep everything obscure). I've been through hell in my days on this earth, and each time I think I've been through hell, there's someone else whom has been through more hell than I have or in a prison camp in a foreign country. Dead is dead. Suffering and pain means you're still alive. Courts, lawyers, and criminals can only wreck your life if you live. Plenty of frivolous thoughts go through your mind pulling that gun, firing that shot, living with the legal ramifications and the moral ones. What do you do? Simple. Whatever you think best at the time. Everything else is irrelevant, and we all live with our mistakes. Once you're dead, you're out of the system and you won't make any mistakes again. If at any time you question man's authority over you, just look to a higher authority for answers.
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    New Member Array diver123's Avatar
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    Unless both of you are firing a revolver then there would be casings on the ground. Thus adding credibility to your story BG was firing at you. Just because he happened to turn before the bullet struck him means nothing. I don't care what direction you are running if you are firing at me you are now going to be trying to out run my 9mm. The second BG produces a weapon that is directed at me its game on even if he is standing on his head break dancing in a mirror.

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    VIP Member Array NC Bullseye's Avatar
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    If you are thinking about what the aftermath will look like while you're in the middle of the gunfight you're doing something wrong.

    Stop the threat first, THEN worry about the next step in this new journey you have just embarked upon.
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    VIP Member Array Ghost1958's Avatar
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    This is a trick question right? Someone shooting at you? I dont care if they are running away or standing on their head that is about as self defense as it can get short of being a dead victim. If they have an auto there are casings from it. If he has a revolver theres a gun with spent cartridges in the cylinder with the BGs finger prints all over it.

    Not going to be hard for LE to figure out you were being shot at regardless of where he is hit. Just hope you dont get hit and worry about after,,,,,,well,,,,,,after.
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    Senior Member Array Navydude's Avatar
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    I would defend myself as long as the threat was there. Till I find cover or the BG stops trying to kill me. At least then you would be alive to worry about what happens next.

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    Quote Originally Posted by Exacto View Post
    The problem with that scenario is that unless there are credible witnesses to the event, all the police are going to see is a guy shot in some part of the back of the body. If you are going to rely on telling the police the truth and them believing you, you have a huge problem. He was running away but still shooting at me, ok, we'll let the jury and the judge deal with this. Our job is not to try you, we have a guy with gunshot wounds in the back, you will have a chance to convince a jury of what happened, and in that case, it would be a very long hard uphill fight you will most likely lose.
    This is more likely to be an issue with a revolver than a semi. Even with a revolver, the bullets had to impact somewhere. That should be verifiable.
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    Welcome to the forum. Damn the court and damn the jury. He's still shooting so he's still a threat. Until he's down or completely disengages I'm returning fire.
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