Sometimes the laws are absurd.
This is a discussion on Things your instructor told you within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Its been to long ago to remember what my instructor said. I have not had an issue with any of the professional training I have ...
Its been to long ago to remember what my instructor said. I have not had an issue with any of the professional training I have had, nor any of the NRA instructors of late...I count myself lucky in that regard. Most here know me, I would say something....
Don"t let stupid be your skill set....
Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......
Sometimes the laws are absurd.
My CCW Class instructor distributed a printed set of the Colorado statutes applicable to CCW along with the rest of the class notes. He also included the URL to the always-up-to-date state web site with all the Colorado statutes. In class we went over the statutes (the ones in effect at that time) line-by-line, with a discussion of what each line and paragraph meant and did not mean.
Ok, so I live in Oklahoma and have my CCW class scheduled for next month, but I heard the same thing about brandishing, with the principle:
if you pull your weapon someone better die...
I suppose the logic is, if you pulled your weapon, and someone didn't die, it wasn't a life-and-death situation in the first place.
I will certainly be pressing my instructor (our class is scheduled with a 2A attorney) about this concept.
My question is this (possible scenario):
Bad guy approaches. I feel a threat and get my hand on concealed weapon. He draws a gun, and begins making threats. I draw mine, with the full intention of stopping the threat. Before I can squeeze the trigger he drops his gun and raises his hands, gets on his knees. I don't shoot. Overall an effective use of my CCW.
But was that brandishing? Wouldn't that be unlawful 'pointing' of my weapon?
Would love to know your thoughts...
"Historical examination of the right to bear arms, from English antecedents to the drafting of the Second Amendment, bears proof that the right to bear arms has consistently been, and should still be, construed as an individual right." -- U.S. District Judge Sam Cummings, Re: U.S. vs Emerson (1999)
Notice the exception for self defense.TITLE 21 § 1279 MISDEMEANOR POINTING A FIREARM
Except for an act of self-defense, it shall be unlawful for any person to point any pistol or any other deadly weapon whether loaded or not, at any other person or persons. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable as provided in Section 1280 of this title.
EDIT: Welcome to another Okie.
My instructor told us to make sure to yell "DROP THE WEAPON" loudly while backing up, because in my state if you're not in your home you have a duty to retreat if safe to do so.
Basically you want witnesses, because the DA will come after you even if you were justified in shooting the person.
As an Instructor in MA I got so disgusted by all the mis-information being spewed by other instructors, LEOs and gun dealers that I created a 4+ hour seminar to set the record straight (not easy, MA gun law "tome" is a 450 page book! not kidding)!
Here are some gems from instructors:
- Illegal to carry in a bank, restaurant, anyplace that serves alcohol, etc. (NONE of this is true in MA))
- No FA-10 forms required for "transfers between close family relatives" (ALL transfers require this state form)
The following mis-information is "compliments" of three MA Hunter Safety Instructors and an Environmental Police Officer teaching Hunter Safety class that I took a few months ago:
- It's illegal to put more than one gun in a gun case. (Dumb question asked by another student and an even dumber answer given by EPO and agreed to by instructors)
- Transporting guns in a soft case requires a trigger lock. (Trigger locks do NOT comply with the MA transportation laws, and are only acceptable for "storage" of guns)