1st CCW situation

KCabbage, you must live in one of the states that doesn't have a "Stand your ground" law. Here in Fl, the fact that he opened the door, got in, and threatened you means he voluntarily forfeited his legal right to live.
 
I'm a native Texan. When i was a teenager someone tried something similar to me. I reacted the same except for i wasn't old enough for a gun. If it happened to me again i would shoot instead. my .02
 
Yes Doyle, I do not legally have the option of "standing my ground". Legally, I must try to escape first.

By that "logic,"
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It's not Logic stone cold killer Jeff(Texassearay), its law!
Most of the states here in America do not have the Texas standard.
I'm not sure how you came to your rape conclusion, but if a woman "reasonably" fears for her life she must do what she has to do.

Just because you are open to legally shoot(defend yourself) doesn't always mean you should. If you do shoot, it might hit you HARD afterwards if you really had to shoot/end his life.

On the up-tip, maybe this would be robber will have a appifany soon in life that will change his ways. :)
It's probably bleek, but it's possible. I've seen the light myself, and I wont even kill a bug, well, maybe i'll slay some mesquitos. But don't get me wrong, if I need to defend myself, family, or another innocent, you bet i'll blast!

I have a story that goes along with not shooting because you can, but i'm a little tired of starring at this computer. Maybe when i'll get some energy I will post.

Flame me if you must, but I want the best for all!
Take care gentlemen and ladies.
 
maybe this would be robber will have a appifany soon in life that will change his wa
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do you mean "epiphany", as in the sudden realization,comprehension and or understanding of something?
like the guy in the Diner at the end of pulp fiction?
nah, not likely to happen.
tom

BTW, I would have fired.
 
Oh yes, thank you.

I thought the guy was just asking for money? In most states, you cannot legally take a life to protect property.

What exactly happened when he "jumped in the car"?
 
Thanks for all the good viewpoints. I am mainly concerned with what DA would do with a case where an armed man shot an unarmed (?) man in his car.

I must address the multiple comments "if your not willing to pull the trigger, you shouldn't carry".

I agree, however, being military, several years ago, I pulled the trigger a lot. It was legal. I have no moral reservations about taking a life if necessary. I do if it is unnecessary.

The scenerio went down as:
1. wrong turn into "riot" area
2. drew pistol, just in case
3. man jumped in car.

I think "GVF" hit the nail on the head with the appropriate time comments.

I know a friend who shot a known murderer/rapist in his house, and the liberal DA tried hard to try him for manslaughter. We all cringe and cry foul, but I think you better be correct in the decision.

Thanks again for all the post.
 
BTW, can someone point me to a good resource, or explain what exactly is Castle Doctrine?

Is it the same in all states that have the "castle doctrine"? I move around a LOT (7 times in 8 years), and I have looked at the quick reference gun books, and they list states that have or don't have the castle doctrine. I know TX is WAY different in their laws that say GA or FL.
 
Personally, I think you would have been justified to shoot. You were the passenger. How could you safely retreat? The best way to retreat is to speed away in the car, and you were in no position to do that. So you jump out of the car and lose your best means of retreat? Doesn't make sense.

And there had to be some reason you felt he was a threat. Even if he hadn't pulled a weapon, did he allude to one somehow? And having your sidearm out possibly prevented him from pulling his. I'd like to point put that in such close quarters, he could have had a weapon if he had taken yours, even if he didn't bring one himself.

The law isn't black and white. There is a certain point at which there is no right or wrong answer. At this point you would have to look to case law, and at convincing a jury to see it your way. If I were on a jury I wouldn't convict you. However, this starts to turn into a game of "Who's got the best lawyer, the most money and lots of luck?"
 
A new point to make. Why, if you knew you were in a seedy situation was he able to simple 'jump in' your car. You should have had the windows up and doors locked. You have to change your level of awareness to suit the situation around you as it evolves.
 
When I asked what happened, I meant, did he open a door and sit in the car or open and lean in? You keep saying he jumped in. Did he "jump" in through your window?
Just curious
Maybe its time to pack some mace.
Take care
 
The right time to shoot

I just took a CCW course and the guy was a retired gunners mate in the navy and retired sheriff of 20 years and went through most possible scenarios for "when to draw". Although most states don't require you go to one of these classes to get your CCP, I HIGHLY advise you to go. There is a lot of methods and rules to be understood in your state. I'm from Va where its an open carry state (I could legally walk around with a pistol strapped in plain view and its legal). In Texas you can kill anyone on your property regardless. And for the most part in Florida you can shoot anyone who pretty much looks at you wrong. LOL

When it comes to drawing in that situation, you have to use one common rule. Flight, Fight, or Fire. If you are walking down the street and an old man is 20 yds away with a knife and you are a 23 year old football player, then you are obviously not in imminent danger. Having said that if you were a 115 girl walking down the street at night and 2 guys at 230 lbs each, grabbed you into an alley, you would have every right to blow them away. Also drawing at the wrong time could bring brandishing a firearm charges so be careful. Enjoy
 
I'm going to Monday morning quarterback this. A you should have rolled your windows up immediately. Turned the car around immediately. Since you didn't you now have these concerns about your actions. You did great in that you escaped without injury and without having to shoot.

I would have shot only because I have decided to take my chances in court before taking a beating. This guy was trying to rob you and threatening to kill you.

Windows up so he had to break it.....then bang
 
Been sittin' back on this one for awhile.
Guess I got ta' say my BS meter went up on this a bit.
Sounds to me like you might have been lookin' for a bit of action and got a bit more than expected. Oh ya', there might have been a bit of truth streatchin' here too.
dean
 
castle doctrine

"Castle Doctrine" or "Stand your ground law" Whatever you call it. Georgia has such a law. It was passed last year and Governor Perdue signed it. It removes the duty to retreat, and to provide that such person has a right to meet force with force. That includes deadly force. And the person who uses deadly force shall be immune from criminal prosecution. I was senate bill 396
 
Escalation of force

Seems this was an ideal time for a can of Pepper Spray to be in the glove box next to your gun. Gun in one hand, pepper spray the attacker right in the eye. In this case you had the time to use a less than lethal force defense, along with driving away. pepper spray is not always the choice, but it does give you an alternative option.

I live in Texas also.:cool: I don't think we want to give the world a wrong impression of us- and the use of deadly force. we have good CCW laws that allow us to protect ourselves. Sometime we actually think before we shoot:D
we still should be thoughtful and use escalation of force, and as someone else frequently says-run screaming like a little girl ( not a lady) is frequently the best first choice, even in Texas:) if necessary we can and do treat our property as if it were the Alamo. We can fight when necessary, or we can buy you a beverage!
 
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I would say that rule number one in a city like Atlanta would be to keep the windows rolled up and the doors locked. I'm from Los Angeles and we had a large number of purses stolen near LAX Airport. Women would pull up to a red light and some scuz ball would leap out from the bus stop and get the purse through the open window.

I doubt I would have shot the man but I would have made him think that I wanted to. I would love to take him for a little ride up to about 60 before he fell off. I wonder how fast he would have backed off if a warning shot went near his ear? I doubt he wanted to die and had nothing to live for. That's a bunch of bull. He just knew he could call the average whities bluff.

As I've said before on this board and many have challanged my thinking on this issue. If you do shoot in this instance, make sure you have a good story. "I drew my gun and he reached for it". It went off accidently. Who are they going to believe if you go before a jury?
 
As I've said before on this board and many have challanged my thinking on this issue. If you do shoot in this instance, make sure you have a good story. "I drew my gun and he reached for it". It went off accidently. Who are they going to believe if you go before a jury?
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Not you since this is now recorded publicly and electronically.
 
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I'm trying to understand your situation. You were in the passenger seat and the guy jumped into the passenger seat? He fell out when you sped away? Do you mean he leaned in through the window.

I have to agree with others that say they would have had the windows up and the doors locked in this scenario.

As far as drawing my weapon I will only do that when the situation has escalated to the point where I expect harm. Once someone is on top you, and you've drawn your weapon, but not used it, you have increased the chance that they could disarm you and use it on you.

I'm not saying I would have shot someone who was leaning in the window and asking for my money...especially someone who wasn't brandishing any kind of weapon. Speeding off, which was obviously possible was the best choice.
 
I'm trying to understand your situation. You were in the passenger seat and the guy jumped into the passenger seat? He fell out when you sped away? Do you mean he leaned in through the window.
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I would like to hear a better explanation myself.
 
Seems this was an ideal time for a can of Pepper Spray to be in the glove box next to your gun. Gun in one hand, pepper spray the attacker right in the eye. In this case you had the time to use a less than lethal force defense, along with driving away. pepper spray is not always the choice, but it does give you an alternative option.
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Spraying pepper spray inside your car:confused:


Not really enough details, but going on what we have in the OP, my windows would have already been up when I noticed I was in a bad neighborhood. The OP was able to drive away and all ended well enough but, if that was the case why was a guy able to get in the window in the first place. No better starting place than being aware of your surroundings and reacting appropriately. However if you find yourself in that bad situation and since you can never tell if someone has a concealed weapon or not, if some guy caught me off guard and was in my car window demanding money and threatening me, and I stuck my gun in his chest the words "go ahead and do it" would never have made it out of his mouth, it would have already been done. I do not endorse vigilantism, but if someone is upon you threatening you with money or you life, that IS the appropriate time to defend yourself. I am not sure what some guys are waiting on. I guess some people have the mentality they need to be badly injured before defending themselves, or possibly they are more afraid of their states laws than of the BG, which is just sad and thank God I live in Texas.
I was not there, and in an internet post you can never give all the details and since I was not there I don't want to come across as, "this is exactly what I would have done" because I don't know that, it wasn't me. I guess I just have the mentality that if someone is upon me threatening me with my money or my life, that is not someone I will trust to NOT harm me even if he gets what he wants. I refuse to allow some BG to have that kind of decision to make over me. That is not to say it could not happen, the scenarios, are endless, but I refuse to allow my son to grow up without me because I handed the decision of, weather I live or die over to some scumbag.
 
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