Scruit
12-04-05, 11:33 PM
Imagine walking through a parking lot and you become aware of someone closing in on you. You put up a hand and say something like; "That's close enough" etc but they just keep coming. You escalate to commands like "Stop there" or "back off" or similar but the person keeps coming at you...
At what point do you decide to make a pre-emptive strike? Absent any stated threat or display of weapon are you expected to simply allow them to walk right up to you?
-What if there's two assailants?
-What if they try to flank you?
-What if one or both has a hand in a pocket or behind a back, potential for a weapon?
My CCW class said we had to show 5 things to successfully show self defense...
Attacker must have:
1) Means (deadly weapon, ie gun or knife)
2) Opportunity (within shooting/lunge range)
3) Intent (verbal threats, brandishing etc)
We, as Defender, must show:
4) Duty to flee was discharged (either by an attempt to flee, or that fleeing would put us at more risk)
5) Lack of escalation (we did not cause or escalate the confrontation, and made all reasonable attempts to de-escalate)
In the case of a person who simply walks towards you in a parking lot and does not speak or display a weapon or respond to verbal requests/commands to stop... I can prove 2/Opportunity, 4/Duty to flee and 5/Lack of escalation... But I couldn't show 1/Means (no weapon) or 3/Intent
For 1/Means... Could you arguer that a hidden hand (possible concealing a weapon) or second attacker/attempts to flank are a 'Means'. If the person has you cornered and simply keeps advancing but has no visible weapon then are you expected to defend yourself with your fists rather than your gun?
And as for 3/Intent. Is there a point at which he gets close enough and ignores commands to stop that I can infer intent? What if I used commands like "I have a gun and I'll shoot you if you don't stop!" Can you argue that an assailant who continues to advance despite knowing you are armed must have intent on doing you harm?
It sounds like a stretch, but it's also difficult to believe that someone with no visible weapon can simply walk right up to you and you cannot use any weapon to defend yourself?
(If it was me, I'd OC him when he get within 5'. I'll have to practice OC spray with my left hand to leave my right hand available to transition to sidearm in case of weapon display or lunge)
At what point do you decide to make a pre-emptive strike? Absent any stated threat or display of weapon are you expected to simply allow them to walk right up to you?
-What if there's two assailants?
-What if they try to flank you?
-What if one or both has a hand in a pocket or behind a back, potential for a weapon?
My CCW class said we had to show 5 things to successfully show self defense...
Attacker must have:
1) Means (deadly weapon, ie gun or knife)
2) Opportunity (within shooting/lunge range)
3) Intent (verbal threats, brandishing etc)
We, as Defender, must show:
4) Duty to flee was discharged (either by an attempt to flee, or that fleeing would put us at more risk)
5) Lack of escalation (we did not cause or escalate the confrontation, and made all reasonable attempts to de-escalate)
In the case of a person who simply walks towards you in a parking lot and does not speak or display a weapon or respond to verbal requests/commands to stop... I can prove 2/Opportunity, 4/Duty to flee and 5/Lack of escalation... But I couldn't show 1/Means (no weapon) or 3/Intent
For 1/Means... Could you arguer that a hidden hand (possible concealing a weapon) or second attacker/attempts to flank are a 'Means'. If the person has you cornered and simply keeps advancing but has no visible weapon then are you expected to defend yourself with your fists rather than your gun?
And as for 3/Intent. Is there a point at which he gets close enough and ignores commands to stop that I can infer intent? What if I used commands like "I have a gun and I'll shoot you if you don't stop!" Can you argue that an assailant who continues to advance despite knowing you are armed must have intent on doing you harm?
It sounds like a stretch, but it's also difficult to believe that someone with no visible weapon can simply walk right up to you and you cannot use any weapon to defend yourself?
(If it was me, I'd OC him when he get within 5'. I'll have to practice OC spray with my left hand to leave my right hand available to transition to sidearm in case of weapon display or lunge)
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