Warning a potential attacker that you are armed?

[ssgrock3]

get over this fear of a brandishing charge. It can get you killed.
If you fear for your life and you show your weapon you are fine.
If you are jacking around and waving your pistol with no threat, you Might have problems if the law is called.

 

[bettingpython]

get over this fear of a brandishing charge. It can get you killed.
If you fear for your life and you show your weapon you are fine.
If you are jacking around and waving your pistol with no threat, you Might have problems if the law is called.

Ahmen and self defense act permit holders are covered by 1279, as I understand it 1289.16 is other firearms related statutes.

TITLE 21 § 1279. Misdemeanor pointing a firearm
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.
Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, may be subject to an administrative violation as provided in Section 1280 of this title.

 

[DWD]

Ahmen and self defense act permit holders are covered by 1279, as I understand it 1289.16 is other firearms related statutes.

1289.16 applies to applies to both permit and non-permit holders given its "any person" language.

The key to both statutes is the pointing at somebody part. If showing to deescalate, point at the ground. That is the only objective element, otherwise, whether your purpose was lawful is subjective and therefore harder to avoid prosecution.

 

[nofearfactor]

If you fear for your life and you show your weapon you are fine. If you are jacking around and waving your pistol with no threat, you might have problems if the law is called.

I understand this,no problem.

If showing to deescalate, point at the ground

I understand this as well.

 

[ssgrock3]

I can't think of any where I have read it being a good idea to show ur weapon to deescalate. It might happen, but I don't believe it to be a part of a good self defense protocol

 

[Buzzdraw]

Don't loose the point that remaining in your vehicle puts you in good legal footing, with relationship to 21 OS 1289.25 "Stand Your Ground". You have a strong legal right to defend yourself, with deadly force if necessary, if you stay in that vehicle.

Better yet, is to stay in the vehicle AND leave the scene in said internal combustion machine.

You may not have the above two options, but if you do, exercise them by all means!

 

[Stephen Cue]

Forgive me if I am regurgitating someones already mentioned point, but I havent seen it yet.

Two things come to mind about this:

1. If you do not fear for your life or severe bodily harm, enough to pull and fire, then there is not enough threat to warrant pulling it in the first place.

2. You may be relying too much on your gun for self-defense.



If either apply, click the link below, much appreciation MB!

http://www.okshooters.com/forums/showthread.php?t=511

 

[spd67]

Forgive me if I am regurgitating someones already mentioned point, but I havent seen it yet.

Two things come to mind about this:

1. If you do not fear for your life or severe bodily harm, enough to pull and fire, then there is not enough threat to warrant pulling it in the first place.

2. You may be relying too much on your gun for self-defense.



If either apply, click the link below, much appreciation MB!

http://www.okshooters.com/forums/showthread.php?t=511

Yes you should only pull if you actually fear for you life.

 

[ssgrock3]

to be clear and to agree with above posters, you or I do not have to fire, but If I pull it should be with the intent to as necessary.....NOT under any circumstances to scare, deescalate or anything else.

 

[Perrone]

Forgive me if I am regurgitating someones already mentioned point, but I havent seen it yet.

Two things come to mind about this:

1. If you do not fear for your life or severe bodily harm, enough to pull and fire, then there is not enough threat to warrant pulling it in the first place.

2. You may be relying too much on your gun for self-defense.



If either apply, click the link below, much appreciation MB!

http://www.okshooters.com/forums/showthread.php?t=511

If I pull and the man with the knife gets scared as I'm aiming and turns and starts to run away I'm not going to shoot the guy in the back. At this point I am no longer in harms way and my life is not in danger so there is no reason for me to take this mans life no mater what he may have planned on doing before.

So what you guys and ssgrock3 are saying is that I originally had the intent to shoot him (not to scare) so it's ok, right?