Concealed Carry Scenario question

When he hits you, unprovoked, he's guilty of assault. That's a crime. Draw your gun and place him under arrest. A citizen has full power to arrest a person he/she suspects has committed a serious crime.

Slap the cuffs on him. (What? You have a carry permit and no handcuffs?) Call the police and hold him in custody. Or, lacking cell phone, take him into custody and convey him to the nearest police where you file a complaint for assault.

But then drawing a gun to defend yourself from injury is viewed as "reasonable force" in Oregon.

Good quality handcuffs are a good investment.
 
You don't get out of the car to begin with. Roll up windows and lock doors and call 911 and if he breaks into your vehicle then you take him out with the most expeditious method possible. If you've already stepped out of the vehicle and been assaulted as you proposed in your scenario then it's fight or flight, but you don't draw your weapon unless your assailant has a weapon in his hands which you can assume he intends to use inflict bodily harm on your person. Don't ever draw your gun with the idea that you can hit an arm or a leg or some other non-vital area. If you're forced to draw your weapon for self-preservation then you aim to body mass and take the objective out, period. If you carry a concealed weapon, it becomes more critical than ever to USE YOUR HEAD. Don't escalate an already bad situation by getting out of your vehicle unless your life is already in serious jeopardy. If you're the combatant that escalates a fistfight to a firefight, you can be fairly confident that you will be wearing the charmbracelets around your wrists after the police arrive, and you'll have to explain to a jury why you had to defend your life by taking the life of your assailant....Dan in GA
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dan in GA:
You don't get out of the car to begin with. Roll up windows and lock doors and call 911

Dan in GA [/quote]

Yeah, but Dan . . .

The law requires you to "perform the duties of a motorist" --which means if you're involved in an accident, you must stop and provide license and insurance information.

If he strikes you unprovoked, you have sufficient cause to detain him at gunpoint for the police. If he escalates the confrontation by taking a weapon or continuing the attack then you have three criteria to consider:

He has the means to do bodily harm.
He has the intent to do bodily harm.
You are unable to avoid harm by leaving the scene.

You fulfill those criteria in Oregon and the assailant is a sitting duck. You have justification to use lethal force "sufficient to stop the attack." (That applies to the first punch he throws too.)

If that means one or two shots to the center of mass, that's justified. If stopping the attack means getting in your car and driving away then that's what you need to do.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Glenn E. Meyer:

You never know who you can take. If you study a bit on knife concealment - a slight little guy with a Sypderco Ladybug can walk up to you and cut the crap out of something important.

[/quote]

I'm glad someone said this. During a time in my life when I was hanging in bars I don't hang in anymore, I was present at two stabbings. It's not like the movies, where some guy dramatically pulls a knife with a great flourish. I didn't see the knife either time. I saw two guy arguing, oen guy "brushed" the other, and one guy ends up holding his stomach with blood on his hands. I might have seen more if I was involved, but I learned from that- you never know who's carrying a knife.

Munir




------------------
ahlan wa sahlan
PCV Yemen 1984-86
 
I am amazed at some of the answers I see here. If Someone I don't know cold cocks me with no provocation after a fender bender, then I would have no time to figure out what he meant. I would assume he meant to kill or injure me and act accordingly.
If he was larger or stronger I would draw and fire aiming to kill. If he was small and weak I might give him a verbal warning first.
Chances are my wife and kids are in the car and I am taking no chances. A while back I seem to recall reading about a gang who would ram or bump you and then carjack your vehicle after assaulting you when you got out. They worked in teams in two cars to block your escape.
When the police arrive to see my assailants dead body I would say he hit me without provocation, I thought he had a weapon and I feared for my life, and that of my passengers.

In Delaware that would be sufficient. A couple of years ago a man spotted a burglar exiting a neighbors house at night. He shouted stop. The theif turned and appeared to have a gun. Homeowner neighbor fired and killed the 17 year old unarmed burglar.
The HO told police he thought his life was in danger and the burglar was pointing a gun.
No Charges were filed.

I would assume a dirrect assault on me is deadly force and I would respond in kind.

[This message has been edited by Master Blaster (edited July 11, 2000).]
 
I'm kind of surprised that I didn't see anybody mention pepper spray in the replies. Since he's already struck you, you should be perfectly justified in hosing him down with a burst of pepper spray which is very effective and non-lethal in most cases. I would much rather explain my use of a can of pepper spray to a police officer than the use of my .45. Obviously your life is more important to you than his at this point, but you should still try to solve the situation as simply and with as little force as possible. Road rage is not an uncommon affliction and just because the guy happens to be acting like a jerk doesn't necessarily mean he's all that bad a guy. I don't think anybody would feel that good to punch him full of holes and find out later he had just been laid off work and was returning home to three kids and a wife. I'm not saying that you should do anything less than is necessary to guarentee that you can return home to your wife and kids, but just keep in mind that life is to valuable to be needlessly taken away.
 
You must log in or register to reply here.
Back
Top