Castle Doctrine against someone open carrying?

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JimmyR said:
While the OP began this discussion by asking if carrying a rifle at low ready was sufficient for a claim of self defense, Koda raised the point of questioning how we know if someone is carrying a rifle with pure intentions or evil ones. I responded, in the eyes of the law, there is no difference, as neither had committed a crime. In fact, I brought up the prohibited person to highlight the fact that walking through the mall before shooting is not a crime, until the bang switch goes off.
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I see what your saying now and this makes sense. Its kind of a large pill to swallow because of how quickly a person can go from the low ready position to shooting.

I agree with Tom Servo, withdraw and let the authorities handle the issue.
 
Lordy, how times have changed.

When I was in high school, my buddies and I carried our rifles across the handle bars of our bicycles (slings were an extravagance), pedal through town out into the country to hunt wood chucks or just shoot. Nobody gave us a second glance. Well, except for the grown folk who were envious of us. That was true open cary.

Hijack over. Move along.
 
With two killers walking into a pizza place in Las Vegas just a bit - it does suggest that one might have a dynamic defense attorney make a reasonable speech about reasonable doubt when a Chipolte-oid gets shot down.

Let's hope common sense returns.
 
While carrying a rifle in the low ready position could be an indication of the intent to use the weapon it could also mean that the person carrying the weapon doesn't know anything about gun safety. I find both situations disturbing but I would probably choose not to confront the individual if possible.
 
I find both situations disturbing but I would probably choose not to confront the individual if possible.
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Well, the easiest way to prevent our hypothetical situation from happening would be for people to stop carrying long guns in places it's not appropriate to do so.
 
Let's say I live somewhere that has a Castle Doctrine/"Stand Your Ground" law and allows for open carry of long-guns.
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Thanks Frank for the detailed explanation. Why is it that so many people confuse castle doctrine and stand your ground laws??? Comparing oranges and apples. Just to simply state here in FLA. castle doctrine in the home and stand your ground out in the general public/world.
 
I dunno... it seems to me that our society has become so sick and violent, post 1950's, that open carry should be done with great reserve and respect of others' concerns. Today's America is not the same as pre 1960's. We've cultured an awful lot of very twisted crazy SOB's and it's getting worse.
 
First off, I agree with everything that Frank Ettin stated, I just wanted to emphasize the "immediate threat" part of the conversation. As a retired LEO, the first thought in my mind would be, is there a magazine in the gun? Body language would be very important at this point, if he was laughing a joking with someone, I don't think I would feel that immediate threat.
Now on the other hand, if he was tense, jumpy etc, I may go to "condition yellow", and maybe move to a place where I had some tactical advantage. Would I draw, or challenge at this point, NO. Now if the guy brought the gun up or swept others with the muzzle, or otherwise made threatening gestures, I would have to take that as it went. At that point he would be very close to being shot.
Many variables go into whether to shoot a man or not, and you better be dammed sure that there is an IMMEDIATE threat before taking that drastic type of action. Not to mention, what if you miss and hit someone else. It is one thing to hit a target at the range, but to hit an armed target that can and may shoot back at you, that is another thing entirely. You DONT want to be pointed out as the guy that caused or started the shootout in a Dairy Queen. As much as some will disagree with me, It's almost better to let the bad guy prove himself a bad guy by starting the trouble, and you finishing it. Less chance of wearing an orange jumpsuit that way. JMO.
 
Why is it that so many people confuse castle doctrine and stand your ground laws???
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Because the press does and the antis do. More likely willful ignorance than anything because their strong emotions block the desire to really understand.

Castle doctrine is much easier to understand. You break into my house and I can assume you mean me harm, especially at night.

The law should never have been called "Stand Your Ground" because that sounds as bad as they make it out. Even "No duty to retreat" doesn't sound much better. The public doesn't understand that the intent is that you don't have to prove you could have retreated. There's a big difference in understanding and a huge difference in your defense.

What we need to understand is that retreating is better than shooting if you can do so safely. Some of us get all macho about having the right to shoot. If you think that way you are a step closer to prison and bankruptcy.
 
Now after everything was said, (I'll admit I didn't read all the posts) but what would be the effect if the person with the long gun had his finger on the trigger? Wouldn't that scream imminent threat?
 
dajowi said:
Now after everything was said, (I'll admit I didn't read all the posts) but what would be the effect if the person with the long gun had his finger on the trigger? Wouldn't that scream imminent threat?
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People keep asking these kinds of questions as if there's a secret sign or something. Everything depends on exactly what is happening and how it is happening. Everything depends on the totality of the circumstances.

And you might try reading all the posts.
 
As Frank and several others have mentioned, every situation will be dynamic and unique. We don't have a crystal ball to predict what a prosecutor or jury will think.

As it is, we're going around in circles on the legal concept, so we'll stop while we're ahead.
 
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