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re: Rules of carrying a gun

Posted on 4/3/14 at 12:32 pm to
Posted by GrammarKnotsi
Member since Feb 2013
9427 posts
Posted on 4/3/14 at 12:32 pm to
quote:

Fortunately there is a wealth of case history that would support the OP


I'm looking for some
Posted by Y.A. Tittle
Member since Sep 2003
101836 posts
Posted on 4/3/14 at 12:32 pm to
quote:

Simply brandishing a weapon is not grounds to shoot


I typically don't consider pointing a gun at someone as simply "brandishing a weapon."

Neither does the law, thankfully.
Posted by StripedSaint
Member since Jun 2011
2385 posts
Posted on 4/3/14 at 12:38 pm to
quote:

I'm looking for some

You will have to use news sources, because, like I said, the vast majority are not arrested and don't go to trial.

Recent
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
65000 posts
Posted on 4/3/14 at 12:43 pm to
quote:

dallastiger55


The fact they you think coming to the OT to get firearms related advice instead of going to an actual firearms training course tells me it's probably best for everyone, including yourself, if you get you some pepper spray instead of a firearm.
Posted by GrammarKnotsi
Member since Feb 2013
9427 posts
Posted on 4/3/14 at 12:46 pm to
quote:

You will have to use news sources, because, like I said, the vast majority are not arrested and don't go to trial.

Recent



Thanks...
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 4/3/14 at 12:47 pm to
quote:

My dad always preached to us growing up...

"Never pull a gun and conduct show-and-tell. Be damn sure the circumstance is correct, and if/when you pull the gun, use it quickly and accurately."
You had to be told that?
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 4/3/14 at 12:50 pm to
quote:

If you want to put yourself in front of 12 morons
Ever hear the saying about better to be judged by 12 than carried by 6?
Posted by chalupa
Member since Jan 2011
6764 posts
Posted on 4/3/14 at 12:51 pm to
quote:


frick no. Unless he starts shooting, keep your mouth shut and your gun out of sight. You might want to take it out of the holster and crouch down out of his sight, but at that point he has his gun already out and you don't, so don't get yourself or the gas station clerk killed trying to be Clint Eastwood


While I think you gave good advice, he CAN legally pull his gun out and shoot the suspect if the threat is still present.

You insisted he CAN NOT in your first statement.
Posted by Fat and Happy
Baton Rouge
Member since Jan 2013
17109 posts
Posted on 4/3/14 at 1:02 pm to
This is pretty much how I shot the guy that was arm robbing someone. I was not convicted of a crime or even say in jail for a single second. The guy put a gun in the victims face and I really didn't wait to see if he was actually gonna shoot or just take something and run off. I shot the guy several times and that was about it.

I was cleared of any wrong doing because in that moment I acted in the chance that death or serious bodily injury could come to the victim.
Posted by TU Rob
Birmingham
Member since Nov 2008
12771 posts
Posted on 4/3/14 at 1:02 pm to
quote:

While I think you gave good advice, he CAN legally pull his gun out and shoot the suspect if the threat is still present.

You insisted he CAN NOT in your first statement.


I guess I misread his statement that I quoted. Yes, in Louisiana, he can. We have Castle Doctrine in Alabama now, and I could do the same in this state as well. I was just saying what I would do. You never really know what is about to go down. And what if you miss the robber's head and end up killing the clerk? Always know your target and what is beyond it.
Posted by chalupa
Member since Jan 2011
6764 posts
Posted on 4/3/14 at 1:05 pm to
quote:

And what if you miss the robber's head and end up killing the clerk? Always know your target and what is beyond it.


I would assume that goes without saying. But, you never know with some people.
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 4/3/14 at 1:15 pm to
quote:

This is grey...We obviously do not "reasonably believe" the same things

Yes, the law requires you to read the mind of a person pointing a gun at someone in furtherance of a robbery to determine if they are really going to shoot them before you can act.

You are correct.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 4/3/14 at 1:21 pm to
Forget it. No use arguing with someone with absolutely no knowledge of the law.
This post was edited on 4/3/14 at 1:26 pm
Posted by GrammarKnotsi
Member since Feb 2013
9427 posts
Posted on 4/3/14 at 1:27 pm to
quote:

No use arguing with someone with absolutely no knowledge of the law


Really...Your interpretation is that if someone uses a gun in a robbery, their intent is to kill...
Posted by PhiTiger1764
Lurker since Aug 2003
Member since Oct 2009
13945 posts
Posted on 4/3/14 at 1:28 pm to
quote:

Yes, the law requires you to read the mind of a person pointing a gun at someone in furtherance of a robbery to determine if they are really going to shoot them before you can act.

Posted by chryso
Baton Rouge
Member since Jul 2008
11976 posts
Posted on 4/3/14 at 1:28 pm to
I believe you can shoot the robber since the robber is putting someones life in danger.
Posted by djangochained
Gardere
Member since Jul 2013
19054 posts
Posted on 4/3/14 at 1:28 pm to
Your both going to point at each other while you call the cops?
Posted by SuzukiGoat
Atchafalaya Basin
Member since Jan 2014
1086 posts
Posted on 4/3/14 at 1:30 pm to
Considered a violent felony last I checked...and worthy of a lethal response...regardless.
Posted by Richard Castle
St. George, La.
Member since Nov 2012
1888 posts
Posted on 4/3/14 at 1:31 pm to
quote:

IMHO, you don't pull a gun unless you're going to fire.
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14062 posts
Posted on 4/3/14 at 1:32 pm to
This is my take on this situation.

If I'm in a gas station, as described in the OP, and man walks in a pulls a gun on the clerk or anyone else in the building for that matter and I do have a concealed handgun on me.

The first thing I would do is see if I have a way to just get the frick out of there, and then call the cops. I'm looking to protect myself first and foremost. Really you know nothing about the situation. The robber could have other accomplishes in the building. Or the so called robbery that you think is going on might not be a robbery but an undercover cop arresting the clerk.

Second if I can't get out the building for some reason. I would find somewhere to hide while I figure out as much as I can about the situation as quickly as I can.

And lastly if I do determine that this guy is holding the clerk or someone else in the gas station at gun point, and this person is in danger of death or grave bodily harm. The next action would be to draw my firearm if I can without being noticed and if I have to draw a firearm the trigger is going to be squeezed. Of course during this process I would be getting myself in position so that if I have to shoot an innocent bystander isn't beyond the potential target.

If I do shoot and the starts to run away I would not pursue him and stop shooting, or if he drops to the ground and drops the gun I stop shooting. I continue to shoot until the threat is over.
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