Don't Brandish or point

[MyMonkey]

I have to keep my little 5'4" 120lb wife held back though.She's terrible to be with in traffic.I won't ride with her at all.I drive when we're together.I realize she's been driving from Coweta to Tulsa on the BA Xpressway to work and back every week day for years and years 8a-6p.She is nuts though.People cut her off or whatever she will flip the finger,yell at them,tailgate them some times,you name it.I always tell her she gets someone upset it's her fight,not mine,I'm staying out of it.I dread the day some asshat follows her home and starts trouble at our house where I will be forced to get involved just to save her stupid ass.

Traffic Tards. I despise driving these days. Especially on the highway around town. Not kidding when I say that I saw someone smoking crank while in traffic on the NW Expressway yesterday.

I'm sure some of the people reading this thread are CHL instructors, so I have a question.

Is it brandishing and/or pointing a weapon if a CHL holder pulls out his handgun and points it at a BG, in a situation where he perceives a threat, and then the BG stops his "attack"? In other words if you pull out your gun and the other guy backs off, have you violated any laws?

Sounds justified under the law. However, if you were in mine or many others CHL class you would have been instructed by the LAWYER who presented the SDA portion of the class that "If you touch your gun, someone must die."
Of course I was perplexed. WTBunk? Then all the newly (Soon to be) armed and inexperienced onlookers begin asking something similar to what you have asked. Only to be advised that if they did not kill the subject that threatened them before the thread subsided that they needed more training. WTBunk again? I was pissed.

That's simply not true. If presentation of a firearm quells the threat in a reasonably ascertainable fashion, then the use of deadly force is no longer justified. (Even though you having your gun out can be considered deadly force) Akin to the use of force continuum so taught to the PoPo's for many years. (Note: This applies a bit differently in your home where your allowed a bit more leeway in the use of deadly force)

The sticky point above is the "reasonably ascertainable fashion" portion. Which means that any reasonable person would have known that the threat had subsided. If you end up shooting and there are 5 witnesses that say the threat was no longer present vs your statements to the contrary, you will have some splainin to do.

 

[okie362]

That should be stated at the beginning and end of every SDA class.

I'm teaching a class today. Good advice GTG

 

[David E]

Sometimes, it pays to be the first one to call the cops...

But this guy was stupid.

 

[ExtremistPullup]

However, if you were in mine or many others CHL class you would have been instructed by the LAWYER who presented the SDA portion of the class that "If you touch your gun, someone must die."

What I got from that speech was; if you you are under attack with a reasonable belief of death or GBH, you won't have time to decide if you should still fire or not. drawing and firing should be one decision.

That's just me, If the time ever comes I hope I make a quick and correct decision.

 

[Thunderbird]

What I got from that speech was; if you you are under attack with a reasonable belief of death or GBH, you won't have time to decide if you should still fire or not. drawing and firing should be one decision.

That's just me, If the time ever comes I hope I make a quick and correct decision.

True, if the threat is truly emminent as the law states, there should be no time for there to be two decisions. If you are drawing, you have already decided that the threat needs to be shot.

obviously, if in the course of events something happens, like the guy turning to run if you are slow on the draw, I would try to avoid shooting him in the back.

 

[MLR]

I was also told that if you pulled your gun you had to shoot. This is totally wrong and might put you in prison.

This is what the SDA handbook has to say on it.
"MISDEMEANOR POINTING A FIREARM
Except for an act of self-defense, it shall be unlawful for any person to point
any pistol or any other deadly weapon whether loaded or not, at any other
person or persons. Any person violating the provisions of this section shall,
upon conviction, be guilty of a misdemeanor punishable as provided in Section
1280 of this title."

This seems very clear to me so I don't understand where folks are getting this brandishing thing.

Michael

 

[JD8]

Wonder how this would affect his job with Jetblue.

 

[gerhard1]

Wonder how this would affect his job with Jetblue.

My guess is that he will lose it.

 

[rahzel100]

My guess is that he will lose it.

yes one requirement to get your airline transport pilot certificate is that you be of "good moral character". So he will probably get fired and make it hard to get hired on anywhere else.