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Guys/Gals

Situation: An aggressor (could be male/female) is attacking someone with the intention of great bodily harm or even death with a deadly weapon in hand, you are a ccw holder(PTC), you draw your pistol at low ready and shout command to the attacker to drop the weapon which he/she does but, after dropping said weapon the attacker begin to advance to your position showing signs of aggressive behavior towards you but is unarmed.

Question: What would you do?

Thanks!
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Clarify showing signs of agressive behavior...Clarify the entire situation...

What form of attack has this person committed on the "victim"? Is the victim the original aggressor? Is the victim larger or smaller than the attacker? Is the attacker larger than me? Is the victim in danger of dying at this point? You said -

"...attacking someone with the intention of great bodily harm or even death with a deadly weapon in hand..."

What kind of weapon?

Just approaching with fists, waving hands, yelling and screaming, telling me he/she/it is going to get medival on me? This can be the deciding factor as to whether the DA prosecutes my skinny white butt. If the attacker is telling me he is going to "kick my ass right now" I might just shoot. But if he is telling me its going to happen next week I'm not really justified in popping him.

Does the attacker appear to be on intoxicated or on drugs? Are there others involved in the original attack? What's the attacker wearing? Could they be concealing a second weapon? Sneakers, bare feet, sandals, boots, dress shoes? Jacket, ties, dress, t-shirt and jeans, a hat?

Does the original victim stick around? Would be nice if there was another witness to back up my story. Are there potential witnesses and might they be favorable or hostile to my version of events if I draw much less shoot?

Is a cell phone available that I can make a very fast 911 and then draw my weapon?

The question gets asked alot but not a lot of detail goes into it so the question so it becomes too generic to be useful. More people need to ask what they should consider doing after they use extreme force in these situations.

Flesh it out a little bit....


Cheers J sends
 

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Typically, the disparity of force will be reviewed. Since the aggressor is now unarmed, there may not be a need for you to have a firearm drawn.

However, this situation is waaaaaay too vague, and there are too many variables that you did not document.

You better ask yourself if you have any right to shoot an unarmed man who has just complied with your demand to drop his weapon. Is he bigger than you? Can you prove that YOU are the one who is now in fear for your life or grave bodily harm? Chances are that you cannot. People are "aggressive" in their demeanor every day at the mall, on the highways, at the grocery store - but you still can't shoot them.
 

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nrmcolt said:
Guys/Gals

Situation: An aggressor (could be male/female) is attacking someone with the intention of great bodily harm or even death with a deadly weapon in hand, you are a ccw holder(PTC), you draw your pistol at low ready and shout command to the attacker to drop the weapon which he/she does but, after dropping said weapon the attacker begin to advance to your position showing signs of aggressive behavior towards you but is unarmed.

Question: What would you do?

Thanks!
Why would your order them to drop a weapon they are already using on a victim? Do you just want to give them more time to hurt the individual?

Oops. Sorry, forgot I was logged in as staff.

MarkW
 

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Staff said:
Why would your order them to drop a weapon they are already using on a victim? Do you just want to give them more time to hurt the individual?

Oops. Sorry, forgot I was logged in as staff.

MarkW
I don't know much about such situations, but that sounds like a really good point. If you can drop the guy while he still has a weapon and is in the commission of an act that is going to most certainly justify lethal force, probably not a good idea to let things get any worse.
 
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I can't speak for all CCW states, but in Texas the use of deadly force would be authorized to protect a third party from death or maiming.
 

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Every states' laws differ, but in my state the privilege to use deadly force (force practically certain to cause death or great bodily harm) would only exist if you/one actually believed that such force was necessary to terminate or prevent imminent death or great bodily harm to the victim and a reasonable person in your/one's situation would share that belief. By "privilege" I mean that you would not be subject to punishment via the criminal justice system unless the state proved beyond a reasonable doubt that you did not actually believe the force was necessary or that the belief was unreasonable. I agree that it is impossible to say what would happen to you/one without more details or the laws in whatever state this occurred.

This is not legal advice.

TM
 

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you draw your pistol at low ready and shout command to the attacker to drop the weapon which he/she does but, after dropping said weapon the attacker begin to advance to your position showing signs of aggressive behavior towards you but is unarmed.
Sounds like some more commands may be necessary.
 

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Laws dictate what is right or wrong, but it's the jury that decides whether the laws were broken.

The INTENT of the aggressor is not relevant (you can't read minds anyway). What IS relevant is whether or not you feared great bodily harm or death. Then, put each of the jury members in your position. If they think that they would have too feared for their lives in the same situation, then you would have acted lawfully had you shot the aggressor.
 

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Not enough info in the initial post. Too many variables. As far as
My question is can you as a CCW shoot someone who is in the act of
harming or possible taking the life of another individual ?
goes, in Utah, the answer is yes, if you are preventing serious bodily injury or death of a third party.
 

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MarkW said:
I can't speak for all CCW states, but in Texas the use of deadly force would be authorized to protect a third party from death or maiming.

...and yet another hello to those who aren't familiar with their own states CCW laws.
 

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nrmcolt, . . . you wrote: "is attacking someone with the intention of great bodily harm or even death with a deadly weapon in hand".

Technically, the bg has crossed the threshold in Ohio, . . . once he drops the weapon, . . . technically he is unarmed and should not be a threat.

On the other hand, if this doofus charges me, . . . my 1911 stainless is out there for him to see (he already dropped the deadly weapon so I got him figured for knowing I got a gun), . . . I have to figure he is planning on doing me serious bodily harm or worse.

Depending on where he decided to end the altercation, . . . he could wind up with 9 rounds of .45 ACP when he hears me reload the first time, . . . and 17 when I reload the second time. Eight more and a pistol whipping to follow if that doesn't end it.

Anyone who is dang fool enough to charge a man armed with a 1911, . . . definitely has a death wish, . . . and I'm going to do my best to make sure that his wish don't come true over my dead body.

May God bless,
Dwight
 
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