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<blockquote data-quote="jmoney" data-source="post: 2211302" data-attributes="member: 24661"><p>There are certainly several issues that come up with this hypo. There would certainly be an issue of whether or not the "friend" was in imminent danger of severe bodily injury/death. Like many said...this is a pretty stupid situation. Maybe your "friend" shouldn't have a CCL. I always go with the advice I heard many years ago, "if that thing comes out of the holster, it better be because you absolutely HAVE NO OTHER CHOICE but to end another life." Warning shots, brandishing, or generally drawing your weapon while still in the "yellow" so to speak; will typically not lead to a good place and is one of the easiest ways to end up sitting behind bars with a pending murder charge. If that had escalated to a firefight think about this. If just one of those gentlemen survived to testify, you essentially have a battle of the witnesses. YOU flashed the light, how do we know you aren't some twitchy guy that was itching to get involved in a firefight with your shiny new CHL permit? Because you say your such a nice guy with a family? What if the other two had families? You see the potential problem here? Keep your freaking weapon in the holster unless it is a matter of life and death. It is stupid situations like these that get well meaning ( but for lack of a better word "stupid") people locked up and prosecuted, all the while giving places like the VPC numbers to pad their statistics. </p><p></p><p>That situation was completely avoidable and very easy to prosecute, here are simple offenses your "friend" could easily be charged ( not convicted, I say CHARGED)</p><p></p><p>Pointing a Firearm</p><p></p><p>First, willfully;</p><p>Second, pointing a shotgun/rifle/pistol/(deadly weapon), whether loaded or unloaded;</p><p>Third, at any person(s);</p><p>Fourth, without lawful cause;</p><p>Fifth, (for the purpose of threatening)/(with the intention of discharging the firearm)/(with any malice)/(for any purpose of injuring, either through physical injury or mental or emotional intimidation)/(for purposes of whimsy/humor/[a prank]/(in anger or otherwise).</p><p></p><p>Reckless Conduct With a Firearm</p><p></p><p>First, the defendant engaged in conduct with a loaded shotgun/rifle/pistol;</p><p>Second, which created a situation of unreasonable risk and probability of death or great bodily harm to another;</p><p>Third, and demonstrated a conscious disregard for the safety of another person.</p><p></p><p>Self-Defense relies on a reasonable person standpoint, there is already considerable debate just here in this thread as to what a reasonable person would do. Imagine having that issue thrown in front of a jury...</p></blockquote><p></p>
[QUOTE="jmoney, post: 2211302, member: 24661"] There are certainly several issues that come up with this hypo. There would certainly be an issue of whether or not the "friend" was in imminent danger of severe bodily injury/death. Like many said...this is a pretty stupid situation. Maybe your "friend" shouldn't have a CCL. I always go with the advice I heard many years ago, "if that thing comes out of the holster, it better be because you absolutely HAVE NO OTHER CHOICE but to end another life." Warning shots, brandishing, or generally drawing your weapon while still in the "yellow" so to speak; will typically not lead to a good place and is one of the easiest ways to end up sitting behind bars with a pending murder charge. If that had escalated to a firefight think about this. If just one of those gentlemen survived to testify, you essentially have a battle of the witnesses. YOU flashed the light, how do we know you aren't some twitchy guy that was itching to get involved in a firefight with your shiny new CHL permit? Because you say your such a nice guy with a family? What if the other two had families? You see the potential problem here? Keep your freaking weapon in the holster unless it is a matter of life and death. It is stupid situations like these that get well meaning ( but for lack of a better word "stupid") people locked up and prosecuted, all the while giving places like the VPC numbers to pad their statistics. That situation was completely avoidable and very easy to prosecute, here are simple offenses your "friend" could easily be charged ( not convicted, I say CHARGED) Pointing a Firearm First, willfully; Second, pointing a shotgun/rifle/pistol/(deadly weapon), whether loaded or unloaded; Third, at any person(s); Fourth, without lawful cause; Fifth, (for the purpose of threatening)/(with the intention of discharging the firearm)/(with any malice)/(for any purpose of injuring, either through physical injury or mental or emotional intimidation)/(for purposes of whimsy/humor/[a prank]/(in anger or otherwise). Reckless Conduct With a Firearm First, the defendant engaged in conduct with a loaded shotgun/rifle/pistol; Second, which created a situation of unreasonable risk and probability of death or great bodily harm to another; Third, and demonstrated a conscious disregard for the safety of another person. Self-Defense relies on a reasonable person standpoint, there is already considerable debate just here in this thread as to what a reasonable person would do. Imagine having that issue thrown in front of a jury... [/QUOTE]
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