Was I justified in drawing my concealed handgun in this situation?

Was I justified in drawing my concealed handgun in this situation?

This is a discussion on Was I justified in drawing my concealed handgun in this situation? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I've been a licensed concealed carry holder for two years now, but have never been in a situation where I had to draw my handgun. ...

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Thread: Was I justified in drawing my concealed handgun in this situation?

  1. #1
    New Member Array crowdcor225's Avatar
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    Apr 2013
    Anchorage, AK

    Was I justified in drawing my concealed handgun in this situation?

    I've been a licensed concealed carry holder for two years now, but have never been in a situation where I had to draw my handgun. Until last night.

    So here is the lowdown. I was driving home through Anchorage around 4:30 am (working graveyard security) and was getting onto one of the main highways that would take me through downtown. I entered a roundabout and was turning onto the highway entrance when I heard a horn and saw a small black sedan swerve to avoid hitting me. It did not have it's headlights on, only it's running lights, which was why I didn't see it. It immediately got right behind me and followed me onto the highway, tailgaiting about ten feet behind my car. From my rearview mirror, I could see a single individual wearing a black hoodie and sunglasses (yeah, at night when it's pitch back out, go figure). I decided to keep driving down a long road past several mobile home parks before getting back onto the highway to further evaluate what this guy's intentions were. We were traveling about 45mph and still the guy never strayed farther than ten feet from my rear bumper and still haden't turned his headlights on. I slowed down hoping he would pass me, then sped up trying to put some distance between us. The dude stuck right behind me.

    I made a descision to signal and start pulling over to the shoulder, hoping that he would pass me, but instead he pulled over also, almost touching my rear bumper. Right before I put my car in park, I flipped open my center cousel and drew my Kimber .45 CDP Ultra Carry while at the same time, opening my door and stepping out (not wanting to be inside the car should the guy decide to come running up on me). The guy also emerged from his car about the same time, slammed his driver door and started walking towards me with a very purposeful stride. (Note- we were both about twenty feet from each other before he started walking towards me). I didn't see anything in his hands that would indicate a weapon, but because of his stride and agressive actions I wasn't about to take chances and drew my Kimber from behind my back and leveled it at his chest. Thankfully seeing me draw my gun stopped him in his tracks, but he didn't back off, just stood there starting at me, almost as if daring me to pull the trigger.

    Using a low, but direct tone I made eye (or I guess I should say glasses) contact and said "I don't want any trouble. Keep your hands where I can see them, get back in your car, turn around and drive away NOW." The dude slowly turned, got back in his car, and reversed about thirty feet, then turned the car around and drove away. I waited until he entered the roundabout again and disapeared under the highway bridge, then pulled my cell phone out and called police, giving dispatch a brief description of what had happened and the make, model of the car as well as a description of the individual. Should have taken notice of the lic #, but all my focus was on the individual. Troopers arrived less than three minutes later and we went through all the required documentation, statement and questions. The trooper that questioned me said that normally you should not level your gun at someone unless you believe that the person is an imminent threat and you would commit to pulling the trigger. I told him that I did what I thought was right, but now that I have had time to think it over, I'm not really sure. I am glad though that things didn't escalate to the point where I would have had to use my CDP, and that the dude (whoever he was) played it smart and drove off. Still waiting to hear from APD if they found the guy or not.

    So my question is, were my actions justified and what would you have done differently? I know many of you would say that you would have immediately called the police while driving and let them handle it, but my cell phone was buried in my back pocket and I wasn't going to take my attention of the car or the driver. Thanks for the input.
    SUPERCHEFNICK and Wreckr like this.

  2. #2
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    Array HotGuns's Avatar
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    The cops didn't see anything illegal about your actions, so you're OK.

    Having the gun worked. You are here to type about it, you were able to mull it over. You did not sustain injury. You did what you had to do.
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  3. #3
    VIP Member Array BugDude's Avatar
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    Under an old Volkswagen somewhere in Florida
    Never stop unless you have to. Call 911 and tell them what's going on and keep driving, preferably to a police station that you have notified you're coming.

    So to me, the mistake there is stopping, getting out, and drawing your gun on someone that you're not sure is a threat. You could have avoided the whole deal by not stopping in the first place. Just my opinion.

    In hindsight, it all worked out ok and you're not in any legal trouble, so all is well that ends well.
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  5. #4
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    VIP Member Array GH's Avatar
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    In situations like that you have to go with your instincts. He stopped his movement toward you, went back to his car & drove away. Your actions evidently worked & you're here to post about it. I don't know if I would have stopped but maybe you avoided a ramming if you hadn't.

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  6. #5
    Distinguished Member Array palmcoaster's Avatar
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    A 911 call while driving would have gotten him stopped
    ppkheat, Taurahe, rocky and 10 others like this.

  7. #6
    VIP Member Array JoJoGunn's Avatar
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    As stated before here, there are no two self-defense situations exactly alike, each one has it's own quirks and what you do or don't really doesn't matter. It is what you feel the correct measures are at the moment. Anyone else may have done something different but that would have been their decision to make. Obviously the Police felt your actions were justified.

    Your "gentleman" was apparenly up to no good, this is becoming an all too real situation these days. Thugs are getting bolder and taking greater chances when it comes to comitting crime. They feel invincible sometimes and would do anything to rob you of your possessions and yes....your life. This very reason is why people are carrying their handguns with permits.

    Given your situation, there are or would have been things you could have done but in the heat of the moment, quick reactions and decisions were what you faced.

    Glad that you came out unscathed and the bad guy headed out to change his undewear and find an unarmed victim.
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  8. #7
    Member Array commonground's Avatar
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    Mar 2013
    South Eastern PA
    I agree that keeping moving and calling 911 was the best alternative but, once you are face to face at less than 20 feet, having the gun at ready, if you doubt his intentions, is a good choice. He can cover that distance in a heartbeat and if he gets to you, your heartbeat may be stopped. Good outcome. That's why we carry.
    jrclen likes this.
    "Do not go to stupid places with stupid people to do stupid things at stupid times.” - Gabe Suarez

  9. #8
    VIP Member Array paaiyan's Avatar
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    If it was a necessity to stop, then I can't say anything. My suggestion for anyone in your situation is to call the cops and let them stop the guy, then you can stop and talk to them at a safe place. Just my two cents. But I can't really fault you for your actions too much in what was likely an adrenaline dump-inducing situation.
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  10. #9
    VIP Member Array Harryball's Avatar
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    First off your not in jail. That's a good thing.

    Second, I think you understand the mistake you made by pulling over and getting into a confrontation with the guy. IMO there was no need to go as far as you did, but Im glad it worked out for you..
    Don"t let stupid be your skill set....

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  11. #10
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    You were very lucky and I am glad it worked out for you. As many have said, your mistake was pulling over. Had you been put into a situation that you had to shoot the other gentlemen, it would have been hard for you to claim self defense, when you created the situation by pulling over. A DA could say that was an aggressive act on your part. Live and learn; this was a great learning experience. good luck in the future

  12. #11
    Senior Member Array Rotorblade's Avatar
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    The fact that you pulled over and approached him with a firearm wouldn't present well in a court room. Anything that happened on the road prior to that would be his word against yours. If he had forced you off the road and your vehicle was disabled it would be different story but folks on a jury could see this as 2 hotheads on the road engaging in mutual combat.
    marcclarke and mr.stuart like this.
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  13. #12
    VIP Member Array Ksgunner's Avatar
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    Your call, I wasn't in the car with you. "All is well that ends well." they say...

  14. #13
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    Array Taurahe's Avatar
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    Indianapolis IN
    I think stopping was a bad idea , and not calling 911 was a bad idea...however.... in the situation I feel drawing your weapon was justified. It was obvious that the individual had some form of intent. He was obviously following you with no reason to do so. You took actions that you felt were necessary to cease the threat, and they worked. Learn from it and move on with life. And dont forget...... he who hesitates first dies first.
    ”God grants Liberty only to those who love it, and are always ready to guard and defend it.”
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  15. #14
    VIP Member Array Madcap_Magician's Avatar
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    My ideal response would have gone as follows:

    1. Establish that I was being followed (Sounds like you figured that out fast).
    2. Continue driving to an area as public as possible that is not my home or place of work.
    3. Call 911 and report that you are being followed by a vehicle with its lights out.
    4. Pull over and wait for him to get out of his car.
    5. Drive off again.

    There's really no reason that I can see that you would need to confront this person yourself. I would have had the gun out and accessible, though.

    All's well that ends well, though, and it sounds like the cops thought you were fine.
    marcclarke and Fltboyne like this.
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  16. #15
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    Array RickyD's Avatar
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    Well that is certainly an interesting first post!

    I agree with most of the responses above. The best option is to avoid a confrontation if at all possible. If you had kept driving and called the police you could have avoided the incident. I also agree that IF you were forced into any situation that had you at the side of the road with the BG approaching you everything changes and your best judgement is probably right.

    With all of this said, you are alive and not in jail so all is well that ends well.

    Welcome to the forum and thank you for posting!

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