Assaulted at a party. Shoot or not? real situation

This is a discussion on Assaulted at a party. Shoot or not? real situation within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; About a week ago I was talking with one of my friends. We were discussing a situation that happened at a party me and him ...

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Thread: Assaulted at a party. Shoot or not? real situation

  1. #1
    Member Array bmwaddicted's Avatar
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    Assaulted at a party. Shoot or not? real situation

    About a week ago I was talking with one of my friends. We were discussing a situation that happened at a party me and him were invited to. This girl he works with invited him to come to her birthday party at her house, and told him he could bring a couple friends if he wanted. He told me about the party and asked if I would like to come, but i told him I had other plans that night. Anyway he goes to the party to discover that there are two guys that started problems with him not to long ago when he was having a get together at his home. He leaves the party after exchanging some words with the two guys. He is walking out to his suburban with drew and evan, A couple other guys i went to school with. The two aggressors follow them out and pull out box knives on him. Hes packing a .38 and when they get near he grabs the gun in his coat and a cocks the hammer, I guess to warn them hes armed, without ever presenting the gun (it never leaves his coat). The end result was that they were able to leave without anyone getting hurt. I told my friend If I would have been there, if they would have threntened me in that same way, that I would have pulled my glock 19 and shot him. Would that be a justified action to take legally? Would me having prior contact with them harm my legal defense? And if Im attempting to leave and the aggressor pursues me to my car have I retreated enough to use deadly force?

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  3. #2
    bae
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    Don't go to parties with violent people. :-)

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    VIP Member Array Redneck Repairs's Avatar
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    I dont carry at partys ( not that i attend them much anymore being an old phart ) Alcohol and other moment altering substances are almost allways present and that is bad for carry . Besides it takes verry little to kick the bubba snot out of the befuddled lol .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
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    Each states laws require their own research into specifics. I believe , with prior problems, had the knife wielders been shot, it would look really bad in court for the shooter.
    Even with no legal duty to retreat , it is in your best interest to do so, there for providing ever opportunity for the BG to disengage.
    Perhaps a better reaction , if the knife wielder was close is to back up while drawing and ordering em back.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


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  6. #5
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    First of all, welcome to the Forum

    I do not carry to parties. I am still in college, and the college parties portrayed in movies really aren't all that far from the truth. Too many drunks and stuff going on, I don't need to worry about. If there is a beef with someone at a party, I leave.

    If you were at the party, would ya have been drinking? Because if the answer is yes, or if your friend had been, carrying a firearm would have been an extremely bad idea, shooting someone would have ruined your life.

    Who started the exchange of words? In Ohio, if you start the altercation or escalate it, you can no longer claim self defense.

    What is that status in Kansas for a stand your ground law? Because in some states you have a duty to retreat except inside your home, and if you are right by the car, a good case could be made that you didn't try to retreat.

    Look up the laws for Kansas, you need to know them anyways.
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    You really have not presented enough information for anyone to make the call if you would have been justified or not.
    Just in your statement that if you were there, you would have shot them tells me most likely you would have been in the wrong. (wrong mindset)

    The fact that you retreated will help you, but it could be said that you could have got in your car and drove away, you went to the car to get the gun. Its slippery slope there.
    "Just blame Sixto"

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    Since Kansas just started their CCW program this month, and most folks who have applied still have not received their permits ... "your friend" was most likely carrying illegally.

    Do you have any idea what kind of legal hassles and expense is ahead of you if you shoot someone? No matter how legal the shoot, it's liable to bankrupt you. If you're carrying illegally ... forget it, you're screwed.

    Assuming I was carrying legally, and assaulted by one or more persons with a knife. I would first try to get away, get into my truck, whatever. If that's not possible I would have "brandished" my gun, prepared to shoot if necessary but knowing that "the mere presence of a gun" is all that is required in most cases to diffuse the situation.

    This sounds like high school bullcrap to me.

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    Quote Originally Posted by Warhawk View Post
    This sounds like high school bullcrap to me.

    Thats what I really wanted to say.
    "Just blame Sixto"

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    VIP Member Array Redneck Repairs's Avatar
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    This sounds like high school bullcrap to me.
    Note to the mod team I DID NOT SAY THAT , i was a good lad and answered the post with info given LOL . ( you know who i am gigging hopefully you take it a houmorus as i do )
    Last edited by QKShooter; January 25th, 2007 at 09:05 PM.
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

    Criminals are looking for victims, not opponents.

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    This could be college BS too, this is why I have been hired out by people to keep unwanted people out of their parties here (50,000 people on campus, you never know who will show up, a guy with a clipboard gets a lot of people to walk away). BMW, you profile says you are a police officer? If that is true, you definately shouldn't need to be asking these types of questions.
    Fortes Fortuna Juvat

    Former, USMC 0311, OIF/OEF vet
    NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor

  12. #11
    VIP Member Array Redneck Repairs's Avatar
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    you profile says you are a police officer? If that is true, you definately shouldn't need to be asking these types of questions.
    Let me point out that the finer points of KS cc law dont seem to be hashed out yet ( just who can limit carry , and what said limits can be ) It is entirely possible that someone who is in LE in kansas is in here filpping out what if scenerios to collect some type of info bolstering either limiting or de limiting ccw status in ks . May not be , but anyway it happens ill stand by my post of dont carry at partys where drinking or druging is going on .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

    Criminals are looking for victims, not opponents.

  13. #12
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    Its getting deeper and deeper, it doesnt smell so good in here
    "Just blame Sixto"

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    VIP Member Array Redneck Repairs's Avatar
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    lol six , moraly any one with an agenda should " knock and annouce " on the post , but that isnt going to happen .. all we can do is be honest and take the high road on our responses . The poster is either uninformed , or has an agenda , that does not matter really since our responses are the same . Info can be had here , but knee jerk shoot them all attitude is in short supply lol .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

    Criminals are looking for victims, not opponents.

  15. #14
    VIP Member Array Tom G's Avatar
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    With two guys following me out to my truck with knives I would have my gun in hand . I would let them know I was armed but not looking for trouble. I don't look for an excuse to use a gun. I will go out of my way to avoid trouble. (The last) thing you want to do is shoot somebody just because you have a CCW. Avoid trouble when ever you can. One shot could ruin the rest of your life.

  16. #15
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    Don't carry at parties and don't goto parties with people you don't know or don't care to see. Don't hang out with people who think that a gun will protect them from talking trash, either. As CHL'ers, we have to hold ourselves to a higher standard that that dude with the .38. He should have turned and left as soon as he saw the two people he didn't like. Like someone else said - it smacks of some drama-filled brown pie.
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