Pointing your gun
at someone is an act of deadly force.
Never use deadly force against another unless you are in fear of immediate death or great bodily harm, you are innocent, you are a reluctant participant in the altercation, no opportunity to retreat or avoid the use of deadly force exists and your use of deadly force will not put innocent bystanders in jeopardy.
Even in states with stand-your-gound, take a conservative approach and run away if possible.
According to the National Rifle Association, more than 2 million assaults are prevented each year by making a potential attacker aware that the would-be victim is carrying a firearm.
If you believe a threat will soon turn into physical violence, you may take the following actions to preempt an attack (least aggressive to most aggressive):
1. Expose your firearm but leave the gun in the holster, keeping your hand on the guns grip so the gun can be quickly pulled and put into action
2. Pull your gun from its holster and keep the gun at your side or at a low ready position (pointed toward the ground at approximately a 45 degree angle)
3. Pull your gun from its holster and point your gun at the attacker (see notes below)
Anytime a firearm is used defensively, regardless of whether or not a shot is fired, it is important to notify the police as soon as it is safe to do so. The reason for this is the fact that the would-be criminal might decide to call 911 to report that someone (you) just pulled a gun on him. Generally, the first person to call 911 is the victim.
Keep in mind that pulling your firearm out of its holster and pointing your firearm at someone is an act of deadly force. If you point your gun at someone and you are not able to articulate your legal justification for doing so, you run the risk of criminal prosecution for second degree assault which can be up to 7 years in prison (in Minnesota). In theory, it would be fair to say that to be justified in pointing your firearm at someone, the situation would have to be so grave that you would also be justified in shooting the attacker but at the last moment, the attack was prevented upon the presentation of your firearm without the need to fire.
Never, under any circumstance, fire warning shots, either into the air or into the ground. Firing a warning shot is dangerous and primarily a product of television and Hollywood. Many police departments have policies against this type of action. Innocent people have been killed by firing warning shots and you are responsible for the bullets that leave your barrel.
Unarmed attacker
You better be able to articulate the attackers ABILITY to kill or cause great bodily harm if you intend to employ the use of deadly force. When weapons do not exist, then there must be a disparity of force between you and the attacker.
Elements that create a disparity of force include, but are not limited to:
1. Size and or strength of the attacker
2. Female attacked by a male
3. Force of numbers (3+ to 1)
4. Skill or training of the attacker
5. Medical condition of the victim
6. The victim becomes disabled during an attack
A great deal of common sense must be used when assessing a threat. For example, if a 5 year old boy runs at you with a kitchen knife, you may in fact suffer some cuts and scrapes but it will most likely be difficult convincing a jury that the 5 year old had the strength to wield a knife in a manner that truly represented a valid threat of death or great bodily harm.
In a one-on-one altercation between two males, the attacker being unarmed, there is going to need to be a significant size and strength difference before the victim would be justified in reaching for a weapon. An example might be an 80 year old violently attacked by a 25 year old or possibly a 5’ 4” 125lb male attacked by a 6’ 7” 300lb male.
There is a cultural predisposition that males are generally larger and stronger than females and therefore disparity of force will most often exist. It is important to note that a female can use deadly force to defend against rape.
Generally speaking, when attacked by three or more assailants, disparity of force clearly exists. With two against one, it most likely will come down to a judgment call as to whether or not the two attackers represent enough of an overwhelming force to justify the use of deadly force for self-defense. It is important to note that should you disable one of two attackers or two of three attackers, your use of deadly force must generally stop because now disparity of force (force in numbers) no longer exists.
If you are attacked by someone with superior fighting skills, disparity of force can exist. The challenge is you must know your attacker possesses these skills at the time of the attack. Fighting skills in the destructive arts typically include a black belt in a martial art, professionally trained boxer or specialized training in the military where the individual is taught to kill fighting hand-to-hand.
In some cases if the victim has a medical condition or is taking certain types of medication such as blood thinners, disparity of force may exist even between two males evenly matched in size and strength. Conceivably, someone on blood thinners would be at risk of death even if only moderately / mildly attacked.
Lastly, if you find yourself in an altercation fighting hand-to-hand where size and skill are all equally matched, should you (the victim) become disabled during the attack, disparity of force may now exist and justify the use of deadly force. An example would be to receive a kick to the knee, falling to the ground and be unable to get up. Being unable to roll with the attackers crushing kicks and punches, these crushing blows with the shod foot or fist could in fact be life threatening.