Originally Posted By: GMBoy
Originally Posted By: bubbatime
I'm a deputy sheriff...that being said, I recommend escaping the scene if you can. Reverse the car, drive off the side of the road, and drive around the angry Mexican swinging the pipe. If you do this, this shows intent that you did not want to be involved with the conflict, that you are a reasonable person that was trying to flee from danger. This makes you look good...
If your car was blocked in and you couldn't flee the scene, I would pull the gun out of the glove box. Lay it in your lap. When the angry Mexican approaches you, point the gun at him and verbalize to him that you will protect yourself (Don't believe the crrapp above about never pointing a gun at a person unless you intend to use it. Lawful threat of self defense by simply pointing a gun at an assailant has deescalated many conflicts) I wouldn’t shoot at him until he has bashed a window out. If he wants to bash the head lights out, or beat on the hood, so be it. But I personally wouldn’t shoot him until he bashed a window out. You could reasonably articulate that you were in fear of death or great bodily harm once the window was bashed out.
As a deputy sherif you should know the law - you just can't point your weapon at a person w/o intent to protect yourself (that is USE the gun). That's the LAW - period. Howevcer - I do agree with you in that many crimes are prevented by the mere showing of a firearm by the victim and I wish the law would allow for the pulling of your weapon w/o firing if the threat suddenly ceases.
You do not seem to know the law all that well either. . .
The DA is not going to say "you pulled your gun, why did you not kill the man"
If the situation called for you pulling your gun, and in doing so you did not have to fire, you would have been following the law, with no worries.
Yes the only time you pull a gun on someone is when you intend to stop them. Death can be a side affect of stopping them, but we are not trying to kill them, just trying to stop them. (from killing, hurting with intent to do major bodily harm, rapeing us, family, or other)
Now when you pull your gun to stop some one, and they turn and run, you cant just shoot at them since you feel "well I pulled my gun, I have to shoot him".
The Deputy sheriff is correct. Only pull your gun when you intend to use it, but once pulled, the baddy may have a change of heart about assaulting you.
POST 2000!
