An interesting and plausible situation

[cdcmj]

What would you do, if a BG attempted to lunge at you/attempt to disarm you of your handgun. The kicker is that he has not presented any weapons except himself and his likleyhood of bein a whacko for coming after someone drawing down on them. Would you shoot an unarmed assailant that was attempting to disarm you and potentially turn the gun on you...how would this hold up in court?

 

[crofrog]

Yes, I'd shoot him. In a struggle for my gun it quickly becomes a life and death. I don't have any cites, but I'm sure there is some case law backing this up for when people try to take police officers guns and get shot or stabbed for doing so.

 

[Twycross]

Would you shoot an unarmed assailant that was attempting to disarm you and potentially turn the gun on you...

Probably yes. I've taken some martial arts, and one of the things it taught me is that I am not very good at grappling. Add to that the fact that my upper body strength isn't terribly impressive. Against any larger-than-average opponent the scales are not tipped in my favor. I would probably shoot. He is attempting to kill me, after all.

 

[jobu07]

A state trooper once told me whether you're a police officer or just a civilian, if you carry a side arm every fight is a gunfight.

 

[rdbrowning]

Firstly I would try to shoot him to stop the attack. Secondly I would repeat four more times to make sure that if I missed he would be getting a hammer with a 2" long handle instead of my loaded pistol.

 

[falling leaves]

"Would you shoot an unarmed assailant..."

Yes.

I am no expert, but if the attacker is going for my gun, I have already deemed it neccessary to shoot him, or it wouldn't be drawn. This being the case, as soon as it is drawn I am shooting, and I sure won't stop if he comes towards me.

I spend a lot of my free time training HTH, and I know for a fact you don't have to be "armed" to cause death or serious bodily harm to another person.
Also, it is very easy to hide a knife/pistol/sharp-pokey-thing while lunging at someone. If I truly felt this situation warranted drawing then the firing will begin immediately and end when BG is fleeing unaggressively (not shooting at me with his hidden pistol), or is being rather still on the floor.

If I have not drawn, and he catches me by suprise (around a corner, etc.) then it is and excellent training opportunity. We dance, and see who is better. I would not try to draw in that situation unless as a absolute last resort. I don't have enough training/practice on contact range shooting to feel comfortable with it. Plus, drawing takes alot of time that could be used for hurting BG in other ways.

If you are worried about legal issues of firing on an unarmed assailant, check with a local lawer for specific laws regarding use of deadly force in your area.

 

[WT]

No. In my state juries frown on unarmed people being shot.

 

[Jeff White]

If you carry a firearm, you must never forget that there will be at least one firearm present in every confrontation you're involved in.

When someone attempts to disarm you, he has raised the level of the confrontation to a deadly force situation. If he gains control of your weapon he can use in on you or someone else.

Deadly force is an appropriate response in a clear gun grab situation.

Jeff

 

[Devonai]

In the broad scope of all martial arts training, weapon retention and response is relatively easy.

The basic techniques I've learned all involve pushing into your opponent, not pulling away. If your opponent is expecting you to pull away, pushing instead will very likely throw him off balance.

I would not draw until my opponent's hands are far away from my weapon, so I won't draw until I've repelled the initial attack.

Call around to local martial arts schools until you find one that is willing to charge for per diem sessions. Find out if they have Ring's Blue Guns or the equivalent. Airsoft is okay but not really hardy enough for retention training.

 

[Sgt.Slappy]

What if he attacks you with a pointed stick?


(Obligatory Monty Python reference)

Sorry.

 

[Carl N. Brown]

The question boils down to "Would a reasonable person be
in fear of imminent death or bodily harm" if in your shoes.

An assailant faced with my threat of deadly force, with the
option of retreat, who lunges for my weapon instead, would
put me in fear for my life.

When you pull a weapon in defense, be prepared to use it if
necessary and communicate that preparedness to the assailant.

 

[Leanwolf]

According to FBI Statistics, in any given year, +/- 22% of all peace officers killed, will be killed with their own sidearm. Sometimes more; sometimes less. But it averages at 22%.

Criminals practice assiduously on each other on how to disarm a peace officer and kill him or her with their own gun. There are video tapes of convicts in prison, practicing to do it.

Years ago, when I was going through the Academy of a very large peace officer organization, when we were working on "gun retention tactics," one of the instructors told our class, "Hey, why should a criminal carry a gun?? You're carrying one for him." I never forgot that.

As a non-p.o., you are not required to take an attacker into custody. If at all possible, do not allow yourself to get into a criminal's "kill zone." Many of them know exactly how to take that pistol away from you.

I can't speak for anyone else, but if I lived in a State in which it was a no-no to shoot an unarmed attacker, I would protect myself if I surmised the attacker meant me great bodily harm or the threat of death. I'd rather deal with a jury, than have my wife deal with the Coroner.

JMHO.

L.W.

 

[AndyC]

I prefer that nobody can see that I'm carrying in the first place.

 

[Azrael256]

Would you shoot an unarmed assailant

No, probably not.

Bear in mind, however, that my definition of "unarmed" means he ain't got nothin' extending out from his shoulders. Watch the hands. Hands kill. What's in the hands is only a matter of degrees of deadly force.

 

[bigj8550]

YES
I would put enough lead "down range" to stop him if that mean one fine if it means fifteen fine. In my state it is considered and imitate attack that can lead to assault and battery, manslaughter, murder, immense bodily harm.
In fact if I can find an article that I read about four months ago in the Indy Star I will post a link. It basically said there was a BG who ran and lunged at a guy eating his lunch in a parking lot the guy shot and killed the BG. An investigation followed. The guy was never charged and it was listed as a clean shooting

 

[Thefabulousfink]

Deadly force is an appropriate response in a clear gun grab situation.

If only we could apply that to the Brady Bunch

In any case... If I was drawn on an unarmed man then I would assume I had considered him a threat (mabey I had ordered him to throw down his weapon). If he then tried to get my gun I would fire because he is a threat and is trying to obtain deadly force. That is how it would appear to me and how I would explain it to a jury.

 

[Thefabulousfink]

Edit: double post. Mods please delete.

 

[Foxtrot427]

sure I would.

 

[sturmruger]

If someone wants to take my gun away I am sure they aren't going to just walk away with it. My assumption is that they want to shoot me with my own gun and I would use deadly force to stop that type of attack.

I usually carry a Steyr S9 in the colder months. One big advantage to this carry gun is that it has a very pecular safety that 99% of people can't even find. It is sort of like the safety on a Mini 14 but you push it up into the frame instead of forward. If my gun is ever taken away from me I am hoping that the bg won't be able to figure it out.

 

[Jenrick]

As one of my defensive tactics instructors at the academy has told me. "They are not extending there hands in friendship or to ask for a hug. They are not laying hands on you to pat you on the back. If they go after you it is for one purpose, to take your gun away and shoot you in the head with it." We train/trained accordingly.

-Jenrick

 

[MM]

Why did you draw on him?
SatCong

 

[Darth Muffin]

Yes. In my state theft of a firearm is a felony. Taking something off your person over your objections is strongarm robery. This makes it a forcible felony and OK to shoot.

You didn't give much details of the lead-up to the scenario. If I'm just walking down the street, then my firearm is concealed and bad guy won't know I have it to take it from me. If I've already got it drawn on the guy then he was doing something which already makes it OK for me to use deadly force--remember that "don't point your firearm at anything you're not willing to shoot" rule?

So yeah, bang.

 

[answerguy]

Kinda of a 'Catch 22' if the only way you can use deadly force on a bad guy is if he steals your weapon but if he steals your weapon you can't use deadly force because you have no weapon....

 

[armedandsafe]

He is attempting to arm himself. He has already shown his willingness to commit harm upon you. He is in the act of a felony. If you don't fear for your life, you are not a "reasonable person."

Pops

 

[answerguy]

He is in the act of a felony.

Is that good for any felony? If I see someone signing an IRS 1040 form that I know is fraudulent; can I shoot him?