My first open carry encounter

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  • $mooth

    Sharpshooter
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    2   0   0
    Mar 27, 2010
    662
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    Texas
    I just tried this on 2 different versions of the iPhone and a Samsung smart phone. It does not work on any of these.

    Doesn't work on my LG or my blackberry; they both just ask to assign speed dial to that key (which I guess I could do).
    Blackberrys, when locked, have the option to call emergency in their unlock screen (Unlock, Cancel, Emergency) with an extra push of the talk key. Although I've heard that 911 doesn't like this as they get more pocket dials than they used to.
     

    mainjet

    Master
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    6   0   0
    Jul 22, 2009
    1,560
    38
    Lowell
    You see man pounding on a door and yelling and you respond with "sir, I think you should leave before I call the police", and you call that "provocation to commit battery"? I don't think so.

    "Officer, he told me he was going to call the police so I pounded his face in for provoking me to wrath".

    ETA - walk up to someone and say "hey, your wife is a slut". Now that is provocation.
     

    KG1

    Forgotten Man
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    Jan 20, 2009
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    Welcome to INGO:welcome:

    Since you asked, if it were me and he was disturbing the peace and/or making threats I would have kept my mouth shut and called the police.

    Everyone did go their own separate ways and nobody got hurt so you do get a :yesway:; what you did obviously worked today.

    Now from the keyboard here it's easy to armchair quarterback; but you're looking at a few things, by you initiating the contact if he had gotten into an altercation with you and/or the use of your firearm was necessary to prevent serious bodily injury and/or death, it may come down to a DA charging you with provocation, and removing a self defense claim.


    IC 35-42-2-3
    Provocation
    Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable man to commit battery commits provocation, a Class C infraction.
    I'm not getting the connection you are trying to make with the provocation thing here either. All the OP did was tell the guy he would call the police if he did'nt stop what he was doing and leave.

    I don't see how that would be provoking a "reasonable man to commit battery" The key word here is "reasonable"

    Now it would be another story if the OP got in the guy's face and told him he would kick his ass if he did'nt leave.

    That to me would be considered more like a provocation.
     

    pack-indy

    Master
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    109   0   0
    Mar 2, 2011
    1,607
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    Shoshone NF
    Welcome to INGO:welcome:

    Since you asked, if it were me and he was disturbing the peace and/or making threats I would have kept my mouth shut and called the police.

    Everyone did go their own separate ways and nobody got hurt so you do get a :yesway:; what you did obviously worked today.

    Now from the keyboard here it's easy to armchair quarterback; but you're looking at a few things, by you initiating the contact if he had gotten into an altercation with you and/or the use of your firearm was necessary to prevent serious bodily injury and/or death, it may come down to a DA charging you with provocation, and removing a self defense claim.





    Not making the claim that it would stick, but hang around here long enough and you'll see news stories that prove that politics can make the decision of whether or not to go to court more than the accounts of the events; and defending yourself in court is an expensive proposition, when you can take steps to avoid having to in the first place, and in my book unless he's breached the door, this isn't a judged by 12 than carried by 6 and it's not like he's come after you to start with, he could've cared less you where even there until you intervened.

    Also consider this man is upset with you, in his eyes you're some stranger interfering in his life, and he knows you have a gun and where you live, there's nothing to stop him from going out to the car and calling the cops claiming you threatened him; or coming back and attempting to steal your firearm later (on an assumption that statistically whether it applies to you or not, many gun owners own more than one). It's something to consider because NRA stickers have gotten people arrested with false claims made in road rage incidents. You also don't know if he'll be back tomorrow armed and having a beef with you and her. It's a messy divorce, when things get like this emotions run so high, hence why what is most likely an otherwise reasonable man standing out in the hallway pounding on the door, the cops themselves tend to try to avoid going into the situations without backup whenever possible (it's still essentially a DV situation even if it's not what the legal terms, due to relationship and living arrangements, come to it's still that volatile)

    I'm all for looking out for your neighbors and those around you; but this is one of those times where getting the cops involved is going to be more likely to help things in the long run, and if he's causing as many issues as you make it sound; it's probably not going to be long before they can document things well enough for her to get a restraining order and keep him away. If he comes around causing problems again, you should be able to hear the yelling before you see him, pick up the cell, call 911 tell them what's going on give them the location. If you know his car and can get the plates before you enter the building, you can give them that information and they have a chance at knowing who they are dealing with before they arrive.

    On the flip side of things, he may now think she's got friends that have guns and decide to stay away or not bother her at home and perhaps OC will truly deter him; but we can't get inside his head to know that.

    And I'll reiterate: Everyone did go their own separate ways and nobody got hurt so you do get a :yesway:; what you did obviously worked today. When everyone goes home unhurt that's the goal.

    So there the :twocents: from some guy one the internet.

    And again, welcome to INGO:welcome:
    internet-high-five.jpg
     

    Magolin

    Plinker
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    0   0   0
    Apr 24, 2012
    34
    6
    Normally in this type of situation I would just call the police. You're young. You need to learn that people get the friends/bf/gf/spouses/exes they deserve. They choose them. Not you.

    If she was a close, personal friend then I would have intervened more. But then if that were true you would have known him, too.

    Really? How do you figure? You seriously think someone "deserves" an abusive spouse/ex-spouse?!
     

    JettaKnight

    Я з Україною
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    6   0   0
    Oct 13, 2010
    26,558
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    Fort Wayne
    I consider this a positive encounter and the fact that I was OC might have prevented any violence. If anybody has any input on how I could have handled that in a better manner, I would appreciate a comment.


    Your encounter turned out different than mine.

    https://www.indianagunowners.com/fo...ith_a_gun_incident_last_night.html?highlight=

    Lesson: Stay out of domestic disputes. You may think you're being a hero and protecting a fair damsel in distress - you're not (she was the one who called the police on me). Tempers run real hot in these situations and it's never clear who the bad guy (or girl) is. Example: what was on the other side of the door? Maybe some meth and a baby that he was trying to protect.

    I don't mean to pick on you, but you're OC might have saved your from a situation your mouth got you into.

    :welcome:to :ingo: - I've learned a lot since my first post (linked above) and you will too!
     

    JettaKnight

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    Really? How do you figure? You seriously think someone "deserves" an abusive spouse/ex-spouse?!


    I think he's saying that a lot of people are attracted to chaos. How many times do you hear, "he beats me, but I know he loves me"? My guess is that there's also as much, "give" and "get".
     

    Boost Lee

    Expert
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    16   0   0
    Jul 24, 2011
    820
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    Greenwood, IN
    Welcome to INGO!

    I have to say, given the situation, you were not in the wrong.
    The only thing that would've been potentially threatening on your end would have been if it'd have escalated to him engaging contact.
    At that point, in court, a variable in the whole situation would have been "who started contact".... = you = not good.

    Great job, though. By the courts or not, you notified him in a non-threatening matter only in good intentions of keeping peace.
    (If you'd have said, "Hey buddy, I have a gun and you better stop or I'm gonna whoop on ya!")..... things wouldn't be so great for you. ;)

    I was involved in a similar situation a few nights ago standing out in the parking lot at Denny's with a friend waiting for someone else to show up.
    A domestic dispute that started as an argument out in the grass next to the parking lot turned into yelling, and screaming at each other,
    then turned into physical violence of hitting, pushing, punching... My friend and I, at that point, stepped from the blind-side of our vehicles and
    stood there to make our presence known that they're being watched... all the while, began calling 911.

    I will say that had the physical part continued much longer than 5-10 seconds (the guy HITTING the girl trying to drag her to the car),
    In good will and instinct, would have went over there to try to help. Sorry, just the truth. BUT, ended up just being a good witness.
     
    Last edited:

    ralphb72

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    4   0   0
    Oct 11, 2008
    772
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    Greens Fork, IN
    Thanks for playing! I won't fault you for anything that you did, but one thing I would have done that you did not do, is go ahead and call the police anyway.

    I realize that you did not feel the situation escalated to that point, but when you interjected yourself with your weapon into the situation you did escalate it somewhat. You could tell the dispatcher that the person had left, and you did not need an officer, but that you saw him doing what he was doing and politely asked him to leave. At least they would have the call on record if one of two things happened:

    1. The girl's door was found broken down later and she is dead in her apartment. (or hurt, or knocked out, or missing). They would have a description and possibly car and license number to go by.

    2. The jerk calls the police on you after he left and claims that he was just going to visit an ex girlfriend when her new boyfriend pulled a gun on him and told him to leave. If he calls first he is the "good guy" in their eyes and you get to defend yourself against the charge with no other witnesses and no voice recording (unless you are carrying one of these also as any good OC'er does, at is was recording constantly: [ame=http://www.amazon.com/gp/product/B004M8SSZK/ref=oh_details_o02_s00_i00]Amazon.com: Sony Digital Flash Voice Recorder (ICD-PX312): Electronics[/ame])
     

    $mooth

    Sharpshooter
    Rating - 100%
    2   0   0
    Mar 27, 2010
    662
    16
    Texas
    You see man pounding on a door and yelling and you respond with "sir, I think you should leave before I call the police", and you call that "provocation to commit battery"? I don't think so.

    "Officer, he told me he was going to call the police so I pounded his face in for provoking me to wrath".

    ETA - walk up to someone and say "hey, your wife is a slut". Now that is provocation.

    In this case, since it was probably his ex, you might've made a new friend.
     

    mrortega

    Master
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    14   0   0
    Jul 9, 2008
    3,693
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    Just west of Evansville
    I think I would have kept my mouth shut but have been ready to call 911. If he's banging on the door and yelling-no big deal. Now if he was seriously close to smashing in the door that would be a little different. Then I'd say something like you did. Good job of being ready to step in, though.
     

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