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Old November 6th, 2009, 12:11 PM   #21
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On a side note: I found out yesterday afternoon from a local LEO that I was talking to about the situation that the man I pointed my shotgun at is a convicted felon. He was convicted of car jacking, kidnapping and rape. Had I known this prior I would have been a little more frightened.
Yes, but in court the question will become, "What did you know at the time of the incident?"

You didn't know the individual in question was a convicted felon, and while his actions may have been "frightening" would they appear so to a "Reasonable Person" sitting in a court of law?

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If I knew I was going to get in to a gunfight I most ceratinly wouln't bring a handgun or two, and I don't know any smart person that does.
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Old November 6th, 2009, 12:33 PM   #22
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I believe I am a reasonable person so to answer your question yes. I have been well trained and know how to evaluate deadly and dangerous situations. To truly know what I was thinking you would have to be me.

I can tell you that I very much felt in danger and I wanted to deescalate the situation as quickly as possible. In combat we are taught that if a stranger approaches in a threatening manner you point your weapon to break through the language barrier and get your point across. In this situation I felt like I had to do the same. The man I pointed my weapon at was clearly not responding to vocal commands so I got my point across in another way.

In the Marine Corps we have safety rules that we must follow, one of those rules is: Never Point Your Weapon at Anything You Don’t Intend to Shoot. I can tell you right now that if that man had tried to come around the truck or get in again I was prepared to pull the trigger without any thought that I would have been in the wrong.
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Old November 6th, 2009, 12:42 PM   #23
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I can tell you right now that if that man had tried to come around the truck or get in again I was prepared to pull the trigger without any thought that I would have been in the wrong.
Good luck with that.

I'm not trying to argue with you, just simply pointing out that a Judge or Jury may not see it that way. If you think you're OK because you live in a "gun friendly" state I'd suggest that you take a look at some of the cases that have come out of "gun friendly" states, like the Harold Fish case in AZ.

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Old November 6th, 2009, 03:44 PM   #24
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Originally Posted by F350 View Post
Wrong there; I have a letter from the Attorney General's office saved on my home computer stating that because the CCW language says just plain old "firearm" loaded long guns ARE covered. The non-CCW car carry language specifically says "concealable firearm" so without a CCW illegal.
So much for what I was told by a cop. PM sent - I'd appreciate a copy of the letter if you don't mind.

IANAL, but I think an argument could be made that even long guns must be cased since it says "may carry concealed firearms". I also think we need to be careful here in MO. If you read the statutes, the CCW law reads that you can carry a fixed blade knife, but our AG says the CCW statute only applies to firearms.

571.101. 1. All applicants for concealed carry endorsements issued pursuant to subsection 7 of this section must satisfy the requirements of sections 571.101 to 571.121. ... Any person who has been issued a concealed carry endorsement on a driver's license or nondriver's license ... may carry concealed firearms on or about his or her person or within a vehicle. A concealed carry endorsement shall be valid for a period of three years from the date of issuance or renewal. The concealed carry endorsement is valid throughout this state.
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