When to defend with a gun

[appagohm]

[Hoologan]

When you are truly in fear for your life, you'll know it. Only then is it okay.

[Ross]

So you have a lawyer on retainer? Does your insurrance company?

[mzimmers]

In the old days, it was "to protect person and property," but...I don't think that flies anymore.

If they swing at you, you're in a really tough spot. You can't shoot them, but...I'd hate to get into a fistfight while wearing a gun I wasn't intending to use.

If they produce a knife, gun or bat...they're toast in my book. Anything that can put me down for good gets met with everything I've got.

I'm sure others will chime in with more experience and better responses.

[TNP'R]

Some people will undoubtedly say as soon as they swing at them they are going to pull a gun out on someone.I had this discussion a long time ago on here and it came down to.

1. i'm not going to let someone hit me with a punch im going to shoot them.
or 2. i'm man enough to fight with my fists but if a weapon like a knife or any other weapon (besides fists) come out then i'll use a gun.

I'm in the camp where i'd use my fists first if the other guy doesn't have a gun or other weapon(not counting fists).

But you can do whatever you want you make the decision for yourself.Me personally I like to play it extra safe when it comes to firearms because in the state of California they'll throw you in jail for anything it seems like so it almost makes me afraid to use my firearm unless absolutely needed.

[appagohm]

Thanks for all the suggestions, but if someone swings at me and I feel threaten enough to shoot the gun, can i be tried in court for murder? And this is on private porperty (buisness). I agree with everyone here but what the police told me was, if I threaten to the point where my life is in danger i am allowed to shoot. In court how do they decided on the level of which one person is threatened?

[Omega13device]

You need to speak with an attorney if you want legal advice, not ask for it on an internet forum.

[iareConfusE]

Welp, it feels a little different from me. I'm only 140 lbs. If some big guy is swinging, it might not knock most of you out, but I'm sure it'll put me out for a long while. I'll most likely pull a gun if the person is twice my size. There's no way I can fight fists with fists in that kind of situation. The way I see it, a man twice my size, his fists are deadly weapons to me, and it'll be met with my deadly weapon. Bat, knife, or gun, my gun is coming out as fast as possible. I won't shoot until I see he's making a move to swing, stab, or raising his gun at me.

[appagohm]

Just want to hear people out, i have insurance but I don't think i'll cover gun fire, and I have talked to officers that come to the store and chat. I hear and read stories where owners will pull out a gun and fire asap, if they feel they are in threat. Thanks for all the replies guys. Just want to hear what you guys think.

That's also true, what if they are huge, and their fist will do lethal damage. I have yet nor do I ever want to pull my gun out. But there have been situations when I felt I was in danger.

[Lone_Gunman]

Short answer- buy pepper spray and carry it on you. If the pepper spray is inadequate to stop the threat then use the gun.

The long answer is use a gun only if you or someone elses life is in jeopardy or are in danger of great bodily harm. Use it as a last resort, when all else has or may fail, if your actions do not put any bystanders in danger.

[ADAM]

last resort only.or you will do the time,no insurance can keep you out of jail

[rkt88edmo]

Get training, maybe it seems expensive, but you can make it happen and if you are going to carry you need to make it happen.

Know how to clean and maintain your gun.

Do not unload and reload the same rounds repeatedly, google "bullet setback"

I bought a glock from someone who carried it at a workplace similar to yours, the striker channel was gummed up with lint and residue which may have prevented it from reliably firing and the box of ammo he gave me with it had 5 rounds that exhibited obvious deep setback.

Good luck.

[sawchain]

I highly recommend everyone read the Judicial Council of California Criminal Jury Instructions (PDF, 7.3MB). Jump to page 235. It describes how the judge is going to instruct your jury if you're on trial for homicide and you argue self-defense. Here's an excerpt:

The defendant is not guilty of murder if he was justified in killing someone in self-defense. The defendant acted in lawful self-defense if:

1. The defendant reasonably believed that he was in imminent danger of being killed or suffering great bodily injury;
2. The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger;

AND

3. The defendant used no more force than was reasonably necessary to defend against that danger.

Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The defendant must have believed there was imminent danger of great bodily injury to himself (or someone else). Defendant's belief must have been reasonable and he must have acted only because of that belief. The defendant is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If the defendant used more force than was reasonable, the killing was not justified.

This is not a complete quotation. There's much more available in the text.

I AM NOT A LAWYER. This is not legal advice. Always seek legal advice from a lawyer.

[appagohm]

I highly recommend everyone read the Judicial Council of California Criminal Jury Instructions (PDF, 7.3MB). Jump to page 235. It describes how the judge is going to instruct your jury if you're on trial for homicide and you argue self-defense. Here's an excerpt:



This is not a complete quotation. There's much more available in the text.

I AM NOT A LAWYER. This is not legal advice. Always seek legal advice from a lawyer.

Wow great information, I will be reading in spare time. I have been around guns enough to know how to clean and maintain, as well as how to use, and have also changed firing pins and random parts on my firearm. My father was in the military and as a effect of his training I was put through the same, been shooting since I was 5 years old. And absolutely agree, guns should be the last resort after ALL ELSE FAILS. I go to the range monthly and put a box (50 count) of ammo through my primary defense weapon. Luckily I live right next to range that doesn't close until 11pm, So i can go after work.

[fiddletown]

First, get some good training.

And this site provides a good overview of use of force law.