I've always held the belief that if I've drawn my weapon, I've already made the decision to use it.
The words "always" and "never" should be used sparingly
I don't know about other jurisdictions, but in my state the thresholds law enfacement officers and for civilians are not the same.I'm glad the police don't use your threshhold.
The important question at that point would be whether your drawing of the weapon had been lawfully justifiable in the first place....when you come home from church on Sunday afternoon, and surprise two 15 year old girls with no visible weapons who are getting ready to run off with your laptop, you might decide that use of your drawn weapon in not warranted.
I'm glad the police don't use your threshhold. I'm sorry every suspicious noise at night either turns out to be a dangerous criminal, or that you would only draw a weapon after firmly establishing that as fact.
There are no jurisdictions in which the display of a weapon would be justified because someone "looks funny" or may appear to be acting suspiciously.What I was referring to, or at least trying, was drawing from concealment. Like maybe while at the store, or fueling up my car, or walking down the sidewalk, something like that. If you draw a weapon if someone looks at you funny, you'll find yourself charged with brandishing, behind bars, waiting for someone to bail you out. Or at least in my state you will.
I realize some will respond that it depends on the situation - and I tend to agree. For example, if the threat has his back to you and doesn't see you, you might not shoot him in the back without warning and giving him the opportunity to stand down. Unless he was pointing a gun at your loved ones- maybe?
Your having given a verbal warning will neither provide evidence that you had a reasonable basis for believing that you were seriously endangered, nor will it show that the use of deadly force had been immediately necessary to defend yourself against such danger.The verbal warning is for liability reasons, you told him to stop, he continued to come toward you, you feared for your life. BANG
Think at least twice before resorting to the threat or use of force should someone "actively approach" you, unless a number of other very important conditions exist.Personally, if an incident occurs inside of my home, I'm probably not going to warn anybody with a weapon in hand, or anybody who would actively approach me.
Your having given a verbal warning will neither provide evidence that you had a reasonable basis for believing that you were seriously endangered, nor will it show that the use of deadly force had been immediately necessary to defend yourself against such danger.
One advantage might have to do with eyewitness testimony. If you are threatened and have to shoot someone, it is very likely that eyewitnesses will see you with the gun and will see nothing about what the other person had done. Your shouting of a warning could draw the attention of eyewitnesses to the attacker.I was mentioning why it was taught, I never said I would partake in such activity. With that being said, under certain situations (depending on the state) it might help your case if it went to trial.
One advantage might have to do with eyewitness testimony. If you are threatened and have to shoot someone, it is very likely that eyewitnesses will see you with the gun and will see nothing about what the other person had done. Your shouting of a warning could draw the attention of eyewitnesses to the attacker.
it could serve to dissuade.It certainly wouldn't be of any use if no one else was around.
it could serve to dissuade.
A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.
B. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.
C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.
D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.