A good reminder for all of us that carry...

[actaeon277]

And if you pull your gun, and the threat stops, it's not going to look good in court when you then shoot.

And even worse, when you have a post that says you will do exactly that.

 

[JCSR]

If I'm pulling out a firearm, we are into the imminent danger, in essence I'm going to use it.

 

[Steve]

Why does the phrase "I would rather be judged by 12 than carried by 6" come to mind? Like the good book says "to everything, there is a season". It just forgot to include "there is a time to draw and a time not to draw".

 

[Kirk Freeman]

Indiana code 35-47-4-3



Defines the crime of pointing a firearm. It means that in Indiana, merely pointing a firearm at another person, even if the firearm is never discharged, can be charged as a felony (or a misdemeanor if the firearm is not loaded)

Now do Intimidation.

 

[Cameramonkey]

And if you pull your gun, and the threat stops, it's not going to look good in court when you then shoot.

And even worse, when you have a post that says you will do exactly that.

Going back to the moment by moment comment. You can intend to shoot but change your mind.

“Yes, officer, I saw the threat and knew I needed to shoot so I drew my pistol. But as I was drawing he must have seen what I was about to do and changed his mind and ran. So in that instant I decided not to shoot. “

I’m not drawing until it’s time to shoot. But I’m not a missle. I can change my mind before I shoot even though the drawstroke was started and I had already committed to shoot.

 

[NHT3]

Now do Intimidation.

Not a legal scholar so interpretation is beyond my meager skills.. I can and will repeat what I've heard from BBIs on more that one occasion, "there are 92 counties in Indiana and 92 prosecutors, each one will view each situation differently" . I simply boils down to YMMV.

 

[actaeon277]

Also...

Remember everybody.
If you are ever involved in an 'incident', or even suspected of being an 'incident', a lawyer could be going through your posts here on INGO.
Several INGOers have had that happen. And told everybody about it.

So, be careful with your posts.

 

[Cameramonkey]

Also...

Remember everybody.
If you are ever involved in an 'incident', or even suspected of being an 'incident', a lawyer could be going through your posts here on INGO.
Several INGOers have had that happen. And told everybody about it.

So, be careful with your posts.

For the record my real name name is Fred Smith.

 

[actaeon277]

For the record my real name name is Fred Smith.

Good idea.

I'm sure that will throw them off your track.

 

[cedartop]

Going back to the moment by moment comment. You can intend to shoot but change your mind.

“Yes, officer, I saw the threat and knew I needed to shoot so I drew my pistol. But as I was drawing he must have seen what I was about to do and changed his mind and ran. So in that instant I decided not to shoot. “

I’m not drawing until it’s time to shoot. But I’m not a missle. I can change my mind before I shoot even though the drawstroke was started and I had already committed to shoot.

Exactly right. I have drawn when appropriate but not had to shoot. That was as a LEO but the idea remains the same. Things can change.

 

[Denny347]

Again, become WELL versed Indiana law IC 35-41-3-2
I cannot stress this enough. KNOW THE LAW!!!!!
If you are pointing your firearm at someone, you have to know WHY. Specific, articulable facts that would lead a reasonable person to believe what you believed at the time you used force, deadly force, or threatened to use deadly force. This would likely (never 100%) save you from fear of charges.

Just a small excerpt:

(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.  However, a person:

(1) is justified in using deadly force;  and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.  No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

 

[Kirk Freeman]

It is the when, not the how.

 

[STFU]

Again, become WELL versed Indiana law IC 35-41-3-2
I cannot stress this enough. KNOW THE LAW!!!!!
If you are pointing your firearm at someone, you have to know WHY. Specific, articulable facts that would lead a reasonable person to believe what you believed at the time you used force, deadly force, or threatened to use deadly force. This would likely (never 100%) save you from fear of charges.

Just a small excerpt:

(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.  However, a person:

(1) is justified in using deadly force;  and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.  No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

Spot on. Thank you!

 

[22LRFan]

Defensive gun uses are measured in moments. Sometimes drawing is enough to stop the threat. Not always, but good to keep in mind.

I used to have this same mindset of "if I'm drawing I'm shooting", but I've seen too many videos of defensive encounters now where the decision not to shoot was the prudent choice.

This ^^^^^

 

[SheepDog4Life]

The whole hour of this guy was good, IMO... but especially this part. He's a defense attorney and indicates even if you do everything right, and it goes to court, there's still maybe a 10% chance you get convicted anyway... what are the situations where it still would be worth it? Even if you ended up in prison?

 

[wtburnette]

The whole hour of this guy was good, IMO... but especially this part. He's a defense attorney and indicates even if you do everything right, and it goes to court, there's still maybe a 10% chance you get convicted anyway... what are the situations where it still would be worth it? Even if you ended up in prison?

That you and/or your loved ones live would be a big one for me. If I defend myself and/or others and go to jail over it, I would feel it was worth it. I would hate the state for prosecuting and imprisoning me for it, but that would be a separate issue.

 

[actaeon277]

That's why it's supposed to be a 'last resort'.

 

[Creedmoor]

That you and/or your loved ones live would be a big one for me. If I defend myself and/or others and go to jail over it, I would feel it was worth it. I would hate the state for prosecuting and imprisoning me for it, but that would be a separate issue.

Yep, when you realize that, xxck. This is really gonna suck.

 

[tomcat13]