More than one Attacker...

M

mav88

New member
My question is quite simple, but here's the story that goes along with it.

Me and my gf came home late night the other day, and we do not live in a safe neighborhood, we live next to some wannabe gangbanger hoodlums (im sorry to say it that way but its true) and their is always street people and them walking up and down the street day and night. Anyways, when we were getting out of the car there were 4 males walking in the street with baggy hoodies on their head in front of our house, remind you this is late at night around 11:35 pm?

Anyways, one of them was really loud, and tried to talk to me asking for money. I replied no, sorry man i dont have anything.

Well they began stepping on my lawn, and i told them that they are on my property and said to go away i have no money. They kept on insisting, so i began thinking a big confrontation was start, so i placed my right hand on my revolver which i ALWAYS keep held in my pocket ready just incase this situation may become a robbery.

After talking to the loud one of the group, in a firm,but calm serious manner...him and i believe his "drunk" buddies began walking away slowly after i kept on repeating to him to get off my property or have to call the police.

My question is, Lets say they didnt have a knife or a gun, but did try to rob me and my gf simply because we are obviously outnumbered, am i legally allowed to draw my weapon? to keep the attackers away?, even though they might have had no weapon.
 
It depends on what state you're in. In my state I am required to retreat as far as possible before using deadly force. If I was in, lets say TX, that would be a totally different story.
 
Instead of wanting to "pull" your gun, you should should have pulled your cellphone and dialed 911 immediately after you told them the first time to go away and their stepping onto your property. A cellphone is as effective as a gun sometimes.
 
In SC, the Castle Doctrine is in effect, and there is NO duty to retreat.

You threatened to call the law, why didn't you? Making a phone call is a lot better than shooting someone. You should have made a beeline to your house while calling the cops. Having your hand on your still-concealed gun was a good move.

There are three criteria that must be met before you can shoot:

A. The ABILITY to inflict serious bodily injury. He is armed or reasonably appears to be armed. (In your case, numbers would fulfill this requirement.)

B. The OPPORTUNITY to inflict serious bodily harm. He is positioned to harm you with his weapon, and,

C. His INTENT (hostile actions or words) indicates that he means to place you in jeopardy - to do you serious or fatal physical harm.

SC law states you must "be in fear of your life or grave bodily injury."
 
+1 Keltyke

Also, never let the BG see the weapon. Displaying the weapon, with the intent to deter the attack is a poor tactic. No law requires that you must show him the weapon.

Let Saint Peter tell him how he got there;)
 
Also, never let the BG see the weapon. Displaying the weapon, with the intent to deter the attack is a poor tactic.
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One of the four basic rules of firearms is Never point the gun at anything you are not willing to destroy. Once the weapon comes out, you must be prepared to follow through to its logical conclusion. The intent should not be to scare the aggressor or to simply wound or subdue him (or them), it should be to kill them. Using your weapon should be your last line of defense.

Scott
 
The intent should not be to scare the aggressor or to simply wound or subdue him (or them), it should be to kill them.
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The correct answer is none of the above.

The objective is to MAKE THEM STOP. Whether they live or die is not a direct concern. Shoot to stop.
 
The intent should not be to scare the aggressor or to simply wound or subdue him (or them), it should be to kill them.
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Negative. The intent is to stop the threat...not to kill.

edit: peetza has it correct.
 
Quote: "Does pulling your handgun mean you absolutely must shoot?"


IMO, ---No . it does not. The point trying to be made, I believe, is to not use your gun to scare; I feel, though it has worked for people in some cases, gives away a tactical advantage.
 
Does pulling your handgun mean you absolutely must shoot?
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Absolutely not! Common but serious misconception.

You may not pull it in most states unless you are justified in using it in self defense (Texas law includes a slight wrinkle in that you must be justified in using force, but that merely producing the weapon to dissuade an attacker does not in itself constitute the use of deadly force).

However, should the imminent threat of death or serious harm dissipate after the gun is drawn, you are no longer justified in shooting.
 
Absolutely not! Common but serious misconception.
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Now you see what I was getting at...

Many believe that pulling a gun and letting the BG see it is a tactical disadvantage...or that it is basically nothing but brandishing. Many times the mere sight of a gun can halt an aggressor in his tracks and be all that is needed to dissolve a threat. Other times, waiting to pull your gun at the last second can be seconds too late. And many people have no real idea of the legal definition of brandishing.
 
Many believe that pulling a gun and letting the BG see it is a tactical disadvantage...or that it is basically nothing but brandishing. Many times the mere sight of a gun can halt an aggressor in his tracks and be all that is needed to dissolve a threat. Other times, waiting to pull your gun at the last second can be seconds too late. And many people have no real idea of the legal definition of brandishing.
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That is very true. Some laws actually specifically allow for what many on here would call "brandishing". As OldMarksman said, if force is justified, even if deadly force is not, it is quite often legal to use the gun as a deterrent. Which coincidently allows for the gun to be ready should Mr BG decide that you're bluffing and escalate to a deadly force situation.
 
Does pulling your handgun mean you absolutely must shoot?
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No.
People and cops pull their handguns millions of times a year and no one gets shot and the situations somehow resolve. I've lost count of how many times I've had to draw down.

Personally, I wouldn't show the weapon till it's obvious that the situation is escalating toward a deadly confrontation. But, at least have it in hand.

I've heard many a gunslinger say that their weapon isn't coming out until they're going to shoot.
Now that is a seriously bad tactic.
.
 
Does pulling your handgun mean you absolutely must shoot?
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NO! At that point - your first option is to draw your weapon, your last option is to shoot. Sometimes the mere presentation of a weapon by an "unarmed victim" is enough to make the perp change his mind.

Draw and aim.
"Stop or I'll shoot!"
1. Perp turns and runs away - holster your weapon and start breathing again.
2. Perp continues to advance - do what you gotta do.
The correct answer is none of the above.

The objective is to MAKE THEM STOP. Whether they live or die is not a direct concern. Shoot to stop.
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Come on, peetza...OK, we "shoot to stop", but let's face it - dead is a pretty effective "stop." Let's be honest with ourselves. If we really "shoot to stop", we'd be shooting the gun out of his hand or hitting him in the arm, leg, or shoulder. We shoot COM, what does that tell ya?
 
Come on, peetza...OK, we "shoot to stop", but let's face it - dead is a pretty effective "stop." Let's be honest with ourselves. If we really "shoot to stop", we'd be shooting the gun out of his hand or hitting him in the arm, leg, or shoulder. We shoot COM, what does that tell ya?
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It tells me exactly what I said. Whether the BG lives or dies is not the point. I am not shooting to kill or NOT to to kill. I am shooting to make him stop. If he dies, so be it. The most easily hit and effective "stop" area happens to be an area that is likely to kill. I don't care- He dies, he lives. I'm alive, that's the goal. What happens to the BG 5 minutes (or seconds) later is inconsequential at that moment.
 
I can only echo the sentiments of the two astute gentelmen directly above me. Shoot to stop and shoot COM to hit.



EDIT: I should probably go ahead answer the OP now, lol. With no way of knowing your states laws, I can only answer that in Ohio if you are faced with multiple attackers, on your property, there is an assumed articulation of grave bodily injury or death if they are able to get the jump on you. A kick to the head (let alone a series of such kicks) while on the ground can kill as easily as any bullet. You handled the situation well considering the circumstances. I have seen myself in such circumstances before and have felt the same need to place a hand on my weapon, but never felt the point had been crossed where a draw was neccesary. Helps it was a SW rvolver in a jacket pocket in those situations and I felt comfortable "tailoring" it to my specs in a grave situation
 
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