Warning a potential attacker that you are armed?

[Zombie]

I thought that giving a warning of being armed or flashing the holstered pistol would be considered brandishing. My understanding has been that you can't give them a clue you have a pistol until it's time to draw and fire.

Now that gets back into the debate of if you pull it you must use it. Because if I pull the weapon and the would be aggressor says oh shi* and turns tail and runs I'm not shooting him in the back.

If I have the distance between say them and myself or something between them and I and the situation is appropriate say they are walking hastily towards me with a knife or baseball bat saying they are gonna bash my skull in and verbal warnings don't work next step is a visual warning whether you unholster your weapon or expose it and put your hand on it.

Now if brandishing the weapon ends the conflict I would still call and make a report with any and all information.

 

[Perrone]

After reading spd67's post I guess I have changed my mind a little. I see how staying in the car could not be such a good idea. For those who said to drive away, couldn't you be charged with a hit and run? I also understand that a verbal warning would not be such a good idea now as there are so many people who carry concealed and the guy you are in the altercation with might just be one of those people (legally or not). I guess I'd go with spd67's suggestion and try to get distance and if the person kept advancing after warnings to stay back I'd do what I had to do to protect myself.

P.S. One to the hip never gets old..I always lol.

 

[Burk Cornelius]

If he pulled the knife out and kept getting closer then I would warn him and if he still kept coming then I'd draw

then youd already be dead b4 you could draw, find your target , and fire.

you see a knife in the hand of an aggressive person, back up, shoot, then call the police

PLUS 1 MILLION

 

[DWD]

If I feel physically threatened and have done everything reasonable under the circumstances to avoid confrontation and I am left with no other option but to use deadly force to protect the life of myself or a family member, I would:

1) loudly and forcefully announce that I am armed and will not hesitate to defend myself

2) draw and show my firearm

3) repeat that I will use deadly force to defend myself

4) discuss the make and model of my weapon and type of ammunition I am using and its effect on blocks of gelatin

5) inform the assailant of my formal training and frequency of range time

6) remove the magazine to show the assailant that my weapon is in fact loaded and my ability to defend myself is not a bluff

7) only after verifying my weapon is not loaded by look and feel, offer my weapon to the assailant to dry fire to verify its full functionality and my ability to defend myself as previously warned

8) if the situation has not deescalated by then, I would load my weapon and, after reviewing the four rules with the assailant, have the assailant fire a round so that he can get a feel of the recoil so that he'll better consider what it might be like to be on the receiving end of the lead coming out the business end of my weapon

9) only then, as a last resort, would I consider firing a warning round, again being certain of my target and that no ricochet of projectile or target might injury the assailant followed, of course, by a discussion of the damage done to and/or penetration of the target and analogous damage that might be done to the human body

10) finally, assuming I have wholly failed to prevent injury to my assailant, I will reluctantly and apologetically, take careful aim and attempt to inflict the most minor of flesh wounds on my assailant on a non-vital body part, hopefully his weak hand/arm so as to not too greatly inconvenience him during his recovery

In other words...while I do not discount the countless times a firearm has been brandished with positive results and with the acceptance that, if the time comes, I myself may even resort to the tactic, right now, as I type this, my mindset is that my firearm only comes out as a last resort. It does not come out as a second to last resort. And, when it come out, it is not for show and tell.

 

[ssgrock3]

seems like muzzle flash would get Your intentions across.

 

[nofearfactor]

Is having the gun out and in my hand ready to go but not pointed directly at the mad dude with the knifes body brandishing? I thought brandishing was pointing or waving or threatening someone with it not just it being 'out. If I answer the door with it at home with it in my hand but pointed towards the ground or behind my back I know its not brandishing. On the street it would be? So,what exactly is brandishing? I'm confused about it. I'm just trying to avoid emptying my bank account on a defense fund if having to use a gun against a guy just showing a knife.

 

[ssgrock3]

if his knife is out, you are pretty well out of time. watch the youtube video of a knife vs gun attach. In 15 ft or so you have miliseconds..

 

[ssgrock3]

btw, did not read the whole thread, but in escalation of force it is perfectly fine to skip to the next step..All joking aside, you do not have to take all the steps if the threat is not doing so.

If a guy is 10' from you, then warn or not, then decide what your life is worth. There is no easy way to answer your question and probably no Right answer for everyone. I just pray that I make the right decision for me and mine, if it ever comes to that. Training is a must....and I need some too. My shooting sucked this morning after months of none.

 

[jstaylor62]

seems like muzzle flash would get Your intentions across.

Followed by an intense burning sensation...

 

[DWD]

Is having the gun out and in my hand ready to go but not pointed directly at the mad dude with the knifes body brandishing? I thought brandishing was pointing or waving or threatening someone with it not just it being 'out. If I answer the door with it at home with it in my hand but pointed towards the ground or behind my back I know its not brandishing. On the street it would be? So,what exactly is brandishing? I'm confused about it. I'm just trying to avoid emptying my bank account on a defense fund if having to use a gun against a guy just showing a knife.

Brandishing, more accurately known as Section 1289.16 - Pointing Firearms:

It shall be unlawful for any person to willfully or without lawful cause point a shotgun, rifle or pistol, or any deadly weapon, whether loaded or not, at any person or persons for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation or for purposes of whimsy, humor or prank, or in anger or otherwise, but not to include the pointing of shotguns, rifles or pistols by law enforcement authorities in the performance of their duties, members of the state military forces in the performance of their duties, members of the federal military reserve and active military components in the performance of their duties, or any federal government law enforcement officer in the performance of any duty, or in the performance of a play on stage, rodeo, television or on film, or in defense of any person, one's home or property. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.17 of this title.

Any person convicted of a violation of the provisions of this section after having been issued a concealed handgun license pursuant to the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, shall have the license revoked and shall be subject to an administrative fine of One Thousand Dollars ($1,000.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

Historical Data

Added by Laws 1971, c. 159, § 16, emerg. eff. May 24, 1971. Amended by Laws 1995, c. 272, § 53, eff. Sept. 1, 1995.

(Emphasis added)

In other words, taking out your weapon, pointing it at the ground, for any purpose would not be felony pointing (brandishing). However, you better have a witness to back you up.

NOTE: I am not your lawyer, you may not take this as legal advice.