I guess this can be a CCW General thread since there isn't one in the catalogue. I also posted this on /k/, since it's my home board.
CCW and drawing/shooting in self defense: when is it legal to do? When is it *wise* to do?
I was literally just jumped in a fairly crowded (albeit very ghetto) gas station in New Orleans and punched in the face. Four kids about 17-21 or so jumped out a car while I was pumping gas, demanded to know what I was looking at, and then one of them socked me in the face, they all jumped back in their car, and sped off. This happened about 45 minutes ago. I didn't file a police report because I wasn't hurt and it would be a waste of time for everyone involved.
I wasn't carrying. The question is: when is it justifiable to draw and shoot? From my research it seems that there has to be a mismatch: you have to fear that a larger and more physically strong person will do "grave bodily harm" to you. While I did fear that violence would escalate, the situation went from "some dude yelling at me who the hell is this " to "I just got punched in the face" in about 4 seconds.
So firstly: if this guy was shorter than me (I'm 6'4 and about 185) and slightly smaller in frame, would I get into legal trouble for drawing and possibly shooting?
Secondly, in retrospect it seems smart of me to have just taken the punch, stand my ground/fend off his swings and let him run off. If I had escalated things, what if one of this gangbanger's friends had also been carrying? I don't want to get into a fucking gun battle and die in some gas station.
Finally, is just drawing advisable? If I had to do this over, I wouldn't like to take the punch but I'd probably just take it rather than escalating by drawing. I imagine brandishing is legal if someone has assaulted you though.
Free (You)s to anyone who can guess the ethnicity of the assailant.
cwc general is better. too bad he's sad and boring in his current state. I miss when his comics still came out regularly
Levi Rogers
>4 feral nigs jumping a fucking twig at a gas station in new orleans yes. You could have opened fire. You didn't know if they would punch you once or 100 times. If you draw your weapon, you must be willing to shoot. >hurrdurr look at muh gun it scurry plz run pussy. should have shot them niggers. low t faggot.
Andrew Rodriguez
In group attacks, a disparity of force is normally a given, so you could have shot 3 but not the fourth.
Julian Lee
it's so stupid that we have to have these kinds of bullshit laws constraining normal natural and just human reaction
if you fuck with somebody they might just shoot you. that's certainly true in the hood
"an armed society is a polite society", duels, and all that
Robert Harris
he said he didn't have a gun, learn to read faggot
Jonathan Martin
>If you draw your weapon, you must be willing to shoot.
if you're in a conservative city/county, you're probably fine
Adrian Hernandez
you first need to research your state's castle doctrine and state your ground protections.
you cannot shoot someone that is fleeing, if you shot their backside, you're screwed, and your size and the perps size is almost always never an issue, as long as you both are over 18 y/o.
...and reconsider on the police report. The store has surveillance and might be able to track the dindus by license plate
Justin Gomez
Get the fuck out of NOLA
Let it burn
Cameron Diaz
Lawyerfag here. This is not legal advice.
To use deadly force u have to be defending against deadly force. If the nigs were unarmed u can draw but if they still advance without a gun I would shoot below the waist to wound. U don't want to kill an unarmed person with a gun in any situation.
12 average people will decide if u acted reasonably and used an appropriate amount of force to deter the threat
Jacob Rodriguez
>So firstly: if this guy was shorter than me would I get into legal trouble for drawing and possibly shooting?
The answer to your question is... maybe. Totally depends on the jury/judge/lawyers involved, not even to mention the local deadly force laws. As we have seen from cases in ((((((Florida)))))), fearing for your life against a smaller and unarmed attacker can be a legal defense. And to be fair, many people have been beaten to death with hands. Much of this depends on whether you have a "stand your ground" law and are in a liberal city or not.
>Secondly, in retrospect it seems smart of me to, what if one of this gangbanger's friends had also been carrying?
You do not pull your gun unless there is literally no other option to prevent Grievous Bodily Harm. If that is the case, you should not be worried about whether someone else has a gun, you will basically be admitting that you started things and/or made them worse.
>Finally, is just drawing advisable? I imagine brandishing is legal if someone has assaulted you though.
Never pull your gun unless you intend to shoot! and never shoot unless you intend to kill. Therefore, never pull your gun unless you are absolutely ready to kill someone. Never fire any warning shots, wounding shots, etc. If you are in fear for your life and the other has the means and intent, you keep shooting until the threat is neutralized. NEVER BRANDISH. This is morally and legally wrong as you aren't defending yourself you're trying to coerce other peoples behavior with the threat of violence. If you pull your gun and then immediately throw their hands up you're good.
Although I myself might have felt threatened enough by four men trying to assault me to use deadly force to defend my life, it doesn't sound like you were in fear of your life from the way you talk. A weapon would have only made things worse.
The number one and two ways to defend yourself is avoiding the situations and attempting to defuse them first.
Jayden Roberts
>shoot to wound
confirmed for idiot/troll
Aiden Watson
WRONG never "wound"! You are admitting to using deadly force (a "wounding" shot can easily kill) against a nondeadly attacker. It has to be him or you.
Jonathan Baker
LA has stand-your-ground laws so you don't have a duty to retreat.
Generally you're expected to apply only enough force to stop the attack, so you couldn't blast your problems away, but in 2006 the law was changed to prevent judges from using your chance to retreat as a mitigating factor.
If a surprise basketball game broke out, even if you could retreat, you don't have to and could have blasted them.
So why the fuck don't you have your CHP then?
William Ross
What happened with Scarsella is something else entirely.
James Wilson
Good information, thank you.
And I don't have a CHP because I just moved here.
These idiots LARPed in public and livestreamed themselves using racial slurs. Not saying they deserved it, but I'm not surprised they ended up shit creek considering they did everything they could to sail up it.
Levi Johnson
If were you, I will not draw until I've made the decision to shot the four of them. You did good, just take it rather than escalating by drawing
Landon Stewart
go shooting more
Justin Perez
Good luck explaining to a jury that u shot an unarmed kid in the head in self defense.
Ur in a fucked position either way. When u draw its likely to either get one of them to draw or they stop threatening u. In the unlikely scenario he still is coming at u unarmed when u draw what I suggested is literally ur only option.
If ur bring threatened by a group drawing isn't unnecessary.
Jason Walker
You're not a lawyer, you're a silly man in a fur coat.
Ian Ortiz
Sucks that LA requires fingerprints. You have to take a safety course in person. You better get on that shit.
Here in the great state of Virginia, you complete an approved course online (mine was a 35 min video, little 20 question quiz), fill out application and hand in to the circuit court.
Colton Bennett
OP, to avoid a very lengthy response to your question...
Shoot whenever you can confidently stick to a story of fear for your life with a belief that the suspect you just killed was in self defense and out of fear for your life or somebody elses near you, and that follows the rules of proportionality.
Know your local, state, and of course federal laws.
And above all else - GET INSURED. Just because you win in the criminal court system (should it even make it that far) you can and many people do lose in civil (small claims court).
Jonathan Collins
>I'm a lawyer >ur >reddit spacing Christ you're retarded.
Liam Jenkins
>To use deadly force u have to be defending against deadly force >If the nigs were unarmed u can draw but if they still advance without a gun I would shoot below the waist to wound.
Not a lawyer. do NOT read that anons psot and believ a single word of it. You will be doing 10-15. You shoot to kill, not to wound. Ask any battered woman serving time in the pen.