Posted on 07/08/2012 5:36:26 PM PDT by marktwain
According to Dallas News, a Texas gun owner shot a man who attacked him at a convenience food store.
Witnesses report that a drunk man stumbled into the EZ Trip Food Store in Dallas, Texas and began harassing customers. He repeatedly slapped one customer in the face until the customer ran from the store, so the drunk man switched his sights to another target. He began punching another man in the face and followed the fleeing man into the parking lot.
That was the biggest mistake of his life. The punched customer, who was a concealed license carrier, pulled out a gun and shot the drunk man. He hung around and waited for police to arrive and was taken into custody without any trouble.
The drunk man was taken to a local hospital, but he was pronounced dead roughly an hour after the shooting took place. The names of both individuals have not been released.
One witness called the shooting, “people being crazy,” and another told Dallas News, “It wasn’t worth the loss of life.” Despite these unsupportive witnesses, the shooter probably has a fairly good chance of walking. Texas’ Stand Your Ground Law states that a citizen doesn’t have to retreat if:
* He had the right to be at the location.
* He did not provoke the assailant.
* He was not engaged in criminal activity at the time.
Was shooting an obviously intoxicated and punch-happy drunk man excessive? Possibly. Was it legal? Looks like it.
Not a great idea, given the way laws in this area tend to work in most states, and given close-quarters interactions. If you draw, you probably best be shooting.
Despite what you wrote, I would rather pull out my concealed weapon and hold it casually pointed down at the ground and give the attacker a chance to back away. If they continue to threaten or attempt to attack, then BLAM!
People can be murdered with a perp’s bare hands and I could not stand by while armed and permit that to happen to me or a helpless victim. Shooting someone for me, is serious business, so giving him a chance to repent and run if he is unarmed, is what I would need to do, too.
The shooter, in this case, was being attacked by the idiot and he did not have time nor choice in the matter. The perp could have disarmed him if he did not shoot once he pulled his gun. Bang.
The operative phrase is “Too old to take a beating, and too young to die.”
At the training that I took the instructor made it very clear that we should be ready to fire at the count two. Count one is when the weapon clears the holster. Count two is when it is rotated toward the target while being still near the holster. From that moment on the weapon tracks the target to the best of your abilities. You most certainly do not point it toward the ground, the sky, or your foot. This link discusses positions and mentions that Low Ready on draw is detrimental. At the training we used it only after the exercise was complete, before reholstering.
Considering what you typed, considering how many times I’ve hit my head, or had it hit and been knocked out, I’m lucky I don’t suffer from anything specifically from that (though the people I know will vehemently argue different).
Why? The shooter retreated from the store to the parking lot even though he had no obligation to do so.
My father died two years ago today, less than four days after falling down in a parking lot and hitting his head on the pavement.
Many attacks are stopped by the knowledge the victim is armed.
Using a previously concealed carry weapon to threaten others has been the cause of several Texans to loose their conceal carry license.
You don't pull it out unless you are in fear from your life in the present situation. If you pull it out and prepare to shoot, and the situation changes, it does not mean you are required to shoot.
But if you "brandished" your weapon to threaten, rather than prepared to shoot, you would lose your CCW.
Threatening others with a weapon is not allowed.
But if, as you prepare to shoot while you are in fear of imminent harm, the situation changes, then you are not required to shoot because you pulled out your gun.
Think about the difference. You are not required to be a quick draw artist.
Knowning what laws you are being govern by is very useful.
Would you please name one state that allows a CCL to threaten another showing a weapon?
AZ defensive display was written into the law.
It is a rather limited time frame to display, but I agree, they have written the law for defensive display.
On the other hand, it seems the law has set those up who use this to fail legally if taken to court. If displaying the weapon prevented further action, how was physical force immediately necessary.
I still believe (but I am not a lawyer) that preparing to fire can provide a defensive display. We are not required to be a quick draw artist. And I agree that CCW permit holders should not display a weapon unless they are prepared to use it.
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