Drew my handgun in car...right/wrong response?

First, I think the situation was handled near-perfectly.
Also, a friend of mine had a similar situation whereupon he stopped at a red light and the car behind him practically stood on it's nose. As he looked into the rear-view he saw the guy behind him get out and approach with vigor. He pounded on the window yelling "You coulda made that light" and then started pounding on the hood yelling the same thing. My buddy sat in awe as the man simply lost it, fell on his back and started foaming at the mouth. He looked back at the man's car and his wife and kid were in the car, the wife shaking her head seeminly not caring her baby daddy was lying in the street turning purple. Sometimes, road rage takes care of itself, but of course you can't count on that.:p
 
Good point PeacefulGary I never know what situation this guy was in before the incident so better to play things safe.
 
Don't provoke, don't pursue...

I think you took the mature & proper response for the most part.

As a licensed security officer in a # of locations & types of details(estate security, office bldgs, hotels, medical centers, govt offices, etc) I can tell you many people get mad or lose control of their emotions then when confronted by LE or bouncers/security are so spun out they deny even saying or doing anything.

I'd advise any license holder or gun owner to AVOID unstable people. Leave or ignore them unless they block your path or you can't leave the area.
Remember too that safety = distance.
Smart phones or a DV type compact recording device can help you document a unstable subject's threats or acts. They are worth the $ to save legal fees, false arrests, bogus EEO complaints, etc.
Do not follow or chase subjects either. In my local area, there have been 3 incidents where "concerned citizens" got involved, 2 of these citizens were seriously hurt by the violent felons.

CF
 
Every situation is unique and as the OP stated, his options where limited (much of the details were explained later). As I was saying, if we were to draw each time we are threatened due to the risks of the unknown, then would it be often...making a bad situation worse.
 
As I was saying, if we were to draw each time we are threatened due to the risks of the unknown, then would it be often...making a bad situation worse.
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I see what you're saying.

But think about it...

The road rage guy was driving in an aggressive manner.
He nearly caused the OP to crash.
He jumped out of his car and approached the OP's car.
The OP didn't know whether the road rage guy was armed or not.
The road rage guy actually pounded on the OP's car hood.

At that point the road rage guy could have pulled out a pistol and started shooting.

And at this point the OP's pistol was still under the seat with no round in the chamber.

Think about it...
He is able to pound on the car hood and now he is shooting at you.
How far away do you think he would be shooting from?
Three feet away? Five feet?

The window glass might deflect the first or second round, but after that even the worse shot would probably be able to hit his mark from three to five feet.
 
I am another who thought the OP handled the situation well. An assailant does not have to be visibly armed in order for one to be in fear of death or serious injury. The OP was assaulted and threatened and clearly had reason to prepare to defend himself, and stopped short of applying deadly force when he was able to extricate himself from his situation.

If I understand the first post correctly, though, you drove home with your assailant following you. I would not want him to know where I lived. Be careful if he makes bail or is otherwise freed.
 
depends

depends a lot on attitude of local law enforcement. I have known people afrfested and charged for "brandishing" or "feloniously pointing" when they pulled a firearm just to try and quiet an aggressive person. around here frankly it often seems to turn upon who gets his story to the police first...
the police and da have a kind of "leave it to the jury" attitude...
so, be careful out there...cannot depend on reasonableness anymore.
 
Without getting into the details of the rest of the confrontation, you were very wise to call 911 right away. There's a reason that the cops made a point of telling you that your call to 911 came in first. Whether it's right or wrong, it is my understanding that the first person to call 911 in an altercation usually gets the benefit of the doubt when the police arrive on the scene.
 
Just speaking for myself, I would not display a weapon as a "Warning" in a situation where a persons life was not in immediate peril.
 
Given the described circumstance, it seems as though you handled it very well. You had no avenue of escape, which is definitely a bad place to be when confronted by violence. You didn't point the weapon directly at him, and once the situation deescalated a bit, you called the cops.

I can see where many of the people saying you may have escalated the situation in an inappropriate manner are coming from but he had already escalated the situation by cornering you. That seems to be the most pertinent piece of information that, at least in my mind, justifies your actions.
 
I read this and immediately thought of the "4 Boxes for the Defense of Liberty: Soap, Ballot, Jury, Ammo, to be used in that order."

In a Personal defense situation, could it not be also 4 boxes :Soap, Phone*, Ammo, Jury?

You did fine from a Legal standpoint, I think, but from a tactical standlpoint, the first inkling that an attacker should have that you armed should be a pair of loud BOOM!s...... you show him a gun and if he is armed and at all competent, he can draw and fire before you decide to do the same (Action almost invariably beats Reaction).

Call 911, and show him the phone. Get away from him ASAP.


*"Magic Elf Box"
 
You did fine. All's well that ends well. You also gave the idiot/aggressor something to think about. Next time he loses his cool, he could lose his life as well.
We are still talking about branishing (sic) a weapon...moving a physical altercation into a potential deadly altercation.
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Some people will second-guess the sun rising in the East. :rolleyes:
 
You waited too long to deploy your piece, other than that, good job. Kept calm and didn't escalate it. Good on you.

I'm not saying I would have had mine out before you, either. Hindsight always knows best, eh?
 
From what you described, I would say you handled it extremely well and kept our wits and your cool. I live in Miami and we were rated the worst road rage in the country. If someone approached my car in and aggressive manor and started smashing at my window, they would be staring down the muzzle of my gun. I would not be "asking" him to back away. It would probably be more like "back the F up". Any sudden movement that appears to be reaching for a weapon would probably be grounds for pulling the trigger. The aggressor is outside of the vehicle where he has unrestricted movement. He has already blocked your route of escape and made verbal threats against you.

I know these things happen very quickly, but getting 911 on the phone is the most important thing. Since all 911 calls are recorded, it will serve as evidence for what transpired.

I'm glad you were not injured and I'm glad you did not have to shoot anyone. I strongly suggest you file a civil suit in top of the criminal charges for damage to our car. The next lesson that hot head learns may be his last!
 
I have posted this before, but since we have lots of new members join all the time, I will repost a past experience.

I was on a 3 lane highway and a large SUV tried to change lanes while I was in his blind spot. I have him a quick tap of the horn to let him know I was there. He swerved out a little and then veered aggressively into my lane. If I did not slam on my brakes, he would have smashed me into the median. He then slammed on the brakes in front of me. I changed over 2 lanes and accelerated in order to create distance between us. I also drew my handgun in case he attempted to start shooting at me. He sped up to match my speed and he slowed down when I slowed down. I lowered the window and hand the gun pointed at him, but just below the window. Just then, a man in a white Nissan 300Z pulls in between us and he tells me to "go". The man stuck what I believe to be a badge out of his window. My guess he was an off duty cop who saw the whole thing. There was some traffic on the road so I didn't want get into a high speed chase and endanger others. I feel very fortunate that other guy intervened. I was probably a few seconds away from raising my gun and telling him to back the hell off. I actually had a couple of friends following me a few cars behind and he also saw the whole thing. Despite any second guessing, he said it was totally the other guy and that I did nothing to set that guy off.
 
911/call center(s)....

I'm not a sworn LE officer or work for any public safety/homeland security agencies at this time but I can honestly tell you; 911 calls or formal notifications have little or no bearing on a LE patrol deputy, state trooper or officer's behavior-mindset in a critical incident.
Working cops like to have a beginning a middle and a end. ;)
Who calls 911 or what goes on at a scene are just pieces of the big puzzle.

I'd add that in a event, either as a witness or active part, stay calm, do not use slang, humor or profanity. Speak slowly and clearly. DHS calls this method; plain talk.
Ive seen many many patrol deputies, agents & police officers shut down immediately when dealing with victims or crime scenes where people wig out or are in a panic.
It can be tough but if you want the law on your side, be level headed & open to the real way the US criminal justice system works.

CF
PS: I'd add here that in many locations, 911 calls are routed to a regular police dispatcher or emergency ops center. These specialists may also take radio calls, texts-soc media updates, faxes and non-emergency calls too.
 
"I'm not a sworn LE officer or work for any public safety/homeland security agencies at this time but I can honestly tell you; 911 calls or formal notifications have little or no bearing on a LE patrol deputy, state trooper or officer's behavior-mindset in a critical incident."

"Who calls 911 or what goes on at a scene are just pieces of the big puzzle."

WOW. I never realized everything that every sheriff, state partol or city cop told me was wrong.
.
 
ClydeFrog said:
I'm not a sworn LE officer or work for any public safety/homeland security agencies at this time but I can honestly tell you; 911 calls or formal notifications have little or no bearing on a LE patrol deputy, state trooper or officer's behavior-mindset in a critical incident.
Working cops like to have a beginning a middle and a end....
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Let's see some evidence to support your contention. How would you know?
 
Under Texas Penal Code Chapter 9 you can only threaten force when the use of force is justifiable. But by showing the weapon you threatened to use deadly force, but by law you did not use deadly force.

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

in short your just letting your road buddy there know that "if you insist on continuing this behavior I will ruin your day" - perfectly legal as long as your not the one who initiated the drama.
 
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