Scenarios For Drawing and Fatal Shot?

Only S&W and Me said:
...but please point out a simple scenario where, "I should draw and possibly shoot".... what scene would merit drawing to stop the threat...
I don't think this type of question can be answered properly using a "cookbook" approach, i. e., if A then do B. First, much depends on the exact law of the jurisdiction in which the event takes place. Second, it's always going to be a matter of judgment based on the exact circumstances. As they say, "The devil is in the details."

The legal standard, in general, is that one may use lethal force only when a reasonable and prudent person, in like circumstances and knowing what you know, would conclude that lethal force is necessary to prevent otherwise unavoidable death or grave bodily injury to an innocent. To demonstrate that there was indeed a real danger from the assailant, one must show that the assailant had (1) the Ability, i. e., the power to deliver force sufficient to cause death or grave bodily harm; (2) the Opportunity, i. e., the assailant was capable of immediately deploying such force; and (3) an innocent was in Jeopardy, i. e., the assailant was acting in such a manner that a reasonable and prudent person would conclude that he has the intent to kill or cripple. A person claiming self defense will need to be able to articulate why in the exact situation as it unfolded he concluded that lethal force was necessary based in the forgoing paradigm.

Your hypotheticals 1, 2, 3, and 5 are simply too broadly drawn to be able to venture a worthwhile opinion. It's all about the details. And in your scenario 4, you are an instigator and therefore not an "innocent" for the purposed of self defense; you are contributing to the escalation of conflict.

There are no simple formulas.
 
what scene would merit drawing to stop the threat (outside of the home or rape)?
You don't draw to stop the threat, if I am understanding you correctly. You draw to fire your gun. Sometimes after you have drawn the scenario may have changed so that you no longer see a need. I teach clients that the only scene that you want to use your gun is the scene where you or someone you like a lot is in imminent danger of death or great bodily harm and using deadly force is the only reasonable response. When is it reasoanble? See fiddletown's post on AOJ. I tend to toss in a "P", as in preclusion myself, but again that varies a lot depending on state law, personal philosophy, etc.
 
Only S&W and Me said:
Good points but please point out a simple scenario where, "I should draw and possibly shoot". These listed are the most typical crime acts and your advice is in most cases is to keep the gun the holster..... what scene would merit drawing to stop the threat (outside of the home or rape)?

One does not draw on a mere threat or the fear of a threat. You draw in response to a situation in which you believe you are going to sustain great bodily injury or death.

The AOJ above is typical of what's taught. For instance, you exit your house towards your car and your neighbor across the street starts cussing you out about your dog crapping on his lawn. He's holding an aluminum baseball bat, standing at the curb and finishes with "I oughta come over there and beat your [bleep]ing head in!"

He obviously has the means (bat) and a motive (property damage) but he lacks the opportunity because he is well out of range to use his bat. Even if he starts to cross the street in a "rude, angry or threatening manner", most police & DA's will ask why you did not get inside your car or retreat inside your house. (i.e. what did you do to prevent having to use deadly force.)

When circumstances allow it, you should always try something to de-escalate the situation. It may be words, backing away, gesturing agreement or even leaving the area.

However, you should know that an opponent with a knife, club or even bare hands can charge you from approximately 7 yards and inflict serious injury before you can draw your weapon (often called the Tueller drill). While this does not give license to shoot within 7 yards, it does assist in putting together a plausible defense in cases where witnesses might say your assailant was "too far away".
 
In CA you can go to Jail for pulling your gun without legal justification It is called Brandishing. and you can lose your CCW for it.
 
Back
Top