Disabled and carrying

K

KS.45

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I know a gent who holds a CC permit, he got it with O2 strapped on his shoulder. Since he has basically no physical ability to grapple with any opponent, he hopes that he may get some slack if necessary on pulling the weapon earlier than some might in a situation that looks bad for him.

Discussion over coffee today after being at the range came to this topic. My opinion was "Don't count on any consideration from a cop or a judge."

Wondering about opinions here, especially those with some LE or legal training.
 
Disparity of force. That's the legal doctrine that might cause a person of reduced ability to use lethal force when another could be expected to flee or exercise some other option to a threat.

Haven't tried to use that in court and hope I never have to. I have a mangled leg from a traffic accident and my ability to grapple or run is diminished. So I consider it my job to be extra careful to avoid trouble, more than a person without my limitations would be expected to do. YMMV.
 
requirement for CCW

What are the requirements for a CCW? Certainly being disabled by itself is not a qualifier for one. I'd expect he would have to meet the same requirements surrounding some standard in his state for the application of deadly force.

I run a local range on Saturday night with a DAV in a wheel chair. He packs with no reservations; letting you know he does. But he's very up front about having no more or less rights to defend himself.
 
The requirements are similar to the 22 states that Kansas recognizes permit from.

Mental disability is a disqualifier, nothing said about physical disability. Demonstrate ability to safely unholster, handle, and operate a handgun. There is a requirment of 18 of 25 shots on target during the range test. That's the only requirement I see that might be related to physical ability..
 
living with a disability

When one faces a major life style change due to an accident, the person undergoes a major change in mindset on how s/he will continue to live, You first have to decide what legal compromises have to be made in order to stay safe.

I had my CCW before I was put on permanent disability in 2004 due to a broken back. That means I can't run from a confrontation. I am also on blood thinners and any kind of hard blow I might receive in a fight could prove to be fatal. That leaves me only one option if I am ever attacked. Due to the rash of home invasions in my area recently, I keep a gun secured in my chair and I never answer the door w/o having my S&W 44 with me. Also, friends and family know to identify themselves when entering my house.

I've been told that I shouldn't use reloads in my carry guns. However, due to my injury, I can't fire factory stuff due to recoil. Thus, I've had to work up loads that are effective, yet allow me to maintain control of my weapon. Hopefully, I will never have to use my gun to protect myself, but if I do, then I have accepted I'll have to rely on the "common sense" of the investigating authorities .
 
Thanks for replies all. Peridog007 got me steered right. Disparity of force is a often used defense when someone responds with far more force than is directed toward him/her.

Normally, the legal area permits only "slightly more" force than is directed at the defender in a fight.

Disparity of force is a usually successful legal argument that covers persons weaker due to size or disability, or outnumbered and dealing with threat of great bodily injury or death resulting from being attacked by physically larger or stronger or greater number of opponents who are not using "deadly weapons". The definition of a deadly weapon is then taken according to the person it is directed at, and it can be just fists.

A case study here: http://findarticles.com/p/articles/mi_m0BTT/is_154_25/ai_77824400

So brokencowboy, if the cops you might encounter haven't heard of disparity of force, I would bet most DA's & judges have.
 
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