can I go to jail for this?

azredhawk44 said:

I am confident that with 5 feet of space between me and an adversary I can get off a shot with an unholstered weapon before he can close the distance with a knife or other short weapon, given my current training and practice.

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Try it with a friend and an airsoft gun sometime (with proper clothing and eye protection).

You will be frightened by the results.

I agree that you should have called the police. I've responded a time or two to calls where someone felt threatened and drew down on someone...No biggy really, and we knew they were not meaning to hurt anyone, just wanted to protect themselves.

I kinda just scanned pages 2 and 3 so if someone already commented similarly I don't mean to be redundent. I think you did the right thing, after all, what are you carrying a gun for anyway? Just because you are carrying it, doesn't mean you HAVE to use it. I can't see it being illegal anymore than I can see a muscle bound dude putting up his dukes. I saw someone mention before about a deaf, or mentally retarded guy meaning no harm and failing to stop. I'd like to throw in, maybe someone wanted to tell you your tire was flat, he was a private eye that thought you should know something, or the old urban legend that someone was in your backseat. There are hundreds of things that this guy could have needed or wanted to tell you, but if he was a shady character, I still think you did the right thing. FWIW, I'da done the same thing.

You have the right to go anywhere at anytime you please regardless of who's hanging out nearby. Getting nervous and going to a different coffee shop because of some weirdo is probably wise, but also cowardly. This guys actions absolutely justified you in drawing your weapon, laws be damned! And as others have said the cops are not your friends, leave them out of it.

Walk tall and be unafraid. I might someday be killed or incarcerated but at least I'll go down with my dignity, as a free man. The blissninny liberal metrosexual attitude of running away, hiding in your car, calling 911, and screaming for help WHEN THIS MAN HAS A MEANS OF DEFENSE ON HIS PERSON is absolutely disgusting. It is all good advice that will keep you out of trouble, but only follow it if that's your only concern. To some people being a good little citizen is all that counts, to others it counts not at all.

This is my opinion, if you are offended by it you are more than welcome to report me to your local government agent.

SnakeEater said:

You have the right to go anywhere at anytime you please regardless of who's hanging out nearby. Getting nervous and going to a different coffee shop because of some weirdo is probably wise, but also cowardly. This guys actions absolutely justified you in drawing your weapon, laws be damned! And as others have said the cops are not your friends, leave them out of it.

Walk tall and be unafraid. I might someday be killed or incarcerated but at least I'll go down with my dignity, as a free man. The blissninny liberal metrosexual attitude of running away, hiding in your car, calling 911, and screaming for help WHEN THIS MAN HAS A MEANS OF DEFENSE ON HIS PERSON is absolutely disgusting. It is all good advice that will keep you out of trouble, but only follow it if that's your only concern. To some people being a good little citizen is all that counts, to others it counts not at all.

This is my opinion, if you are offended by it you are more than welcome to report me to your local government agent.

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I'm with you, man.

Evil will prevail if good men do nothing.

If you leave, he'll just mug the next defenseless woman that comes along. Getting a gun drawn on him will make him think twice before mugging again.

This guys actions absolutely justified you in drawing your weapon, laws be damned!

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Okay, I've just gone through and re-read the OP's posts to make sure I didn't miss anything. I disagree. Perhaps the suspicious character was stoned or otherwise under the influence of some substance or another ... or maybe he even thought he knew the OP ... who knows; the OP can't even state with confidence that he felt his life was endangered. Frankly, this scenario flunks the ol' continuum of force test.

laws be damned!

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Good luck with that ...

To some people being a good little citizen is all that counts, to others it counts not at all.

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And then again, to some people, not using deadly force against someone who's not displayed an overt threat of lethal violence toward one is only common sense ... It's got nothing to do with "being a good little citizen," tough guy.

Old Dog said:

Perhaps the suspicious character was stoned or otherwise under the influence of some substance or another ...

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Another reason to unholster the weapon ASAP.

What if he's meth addict and is actually trying to get his next fix, but what a surprise.. he has no money.

Nobody's saying use deadly force, we're merely advocating displaying deadly force in a way that would allow the possible attack to discontinue as soon as possible.

This was NOT a use of deadly force. It was a use of a THREAT of deadly force to break off an attack.

This thread makes me wonder how many of you self proclaimed experts would actually survive a situation that required you draw your weapon...

Where did all this talk aluding to people here being sheep and cowards come from? The op only really had one primary question:

my question here is did I break the law?

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He was asking if he broke the law. Not if it was tacitcool and manly to draw down on sombody who frightened him. He was looking for opionons on Florida law.

Address the posters who answered that question however you like - just be aware that you are taking the original topic in a whole new direction.

Back on topic - IMO - While (fortunately) nothing came of this, next time a call to the police afterwards may short circuit any legal problems if the other guy calls too.
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Actually though, I kind of like seeing the armchair commandos tell all our LEO members here at THR that they don't know what their talking about. Always entertaining when they don't realize they're talking to a cop.
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yes

LJWebster1 said:

TexaSIG, he in fact did not break the law in Texas. Texas law specifically allows for the threat of use of deadly force if it will avoid the use of force. I can give you the citation if you'd like.

Also, in Texas, the assailant does not need to have had a weapon, rather, you just need to have believed there was the imminent possibility of serious bodily harm. However, convincing a jury is what you have to be worried about. You probably would have lost that one. Better to try to get out of there unless he escalates.

Also, by pulling the gun, you just gave him an excuse to shoot you. If you are not going to shoot, it's probably best not to draw.

And f4t9r, I hope you are kidding. Not only is it absolutely stupid to tamper with evidence, and turn a possibly justifiable shoot into jail time, but who has a throw down gun on them anyway?

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Much depends on the situation. I personally don't think any LEO in Texas is going to arrest you in this situation. It also depends on the whether you feel in danger of your life. If that were ME, as a middle aged woman with arthrtis, I certainly would have felt in danger, especially after he kept coming after a warning. Of course, if you're 6' 6" and 285 lb and he was 5' 7" and 100 pounds soaking wet......

The important thing is you are ok.

Springmom

Janitor said:

Actually though, I kind of like seeing the armchair commandos tell all our LEO members here at THR that they don't know what their talking about. Always entertaining when they don't realize they're talking to a cop.
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The proper procedure for a LEO is completely different than the proper procedure for an armed citizen. LEO's have a responsibility to arrest said BG if possible without resorting to force.

The question REALLY is how many civillians would have convicted him of brandishing? In this case LEO opinion is irrelevant.

BTW the local cops here break leather for the most mundane things...

...

To answer the OP's actual question:

Yes, you technically broke the law, first by "exhibiting" the firearm (Improper exhibition, FL is a CC-only state, a misdemeanor), and then by threatening the guy with it, which is aggravated assault (a felony), should he decide to file a complaint. The Improper Exhibition could, under the circumstances described, go uncharged either at the scene if LEO was involved, or by the State Attorney if the case hits his desk for review. The aggravated assault is less likely to go uncharged, but requires the other guy to file the complaint and be able to ID you, and would likely require SOME corroboration in order for the SAO to file an information, unless you talked or copped to it in some way.

FWIW, I'm with you up to where you pointed the gun. FL has the 10-20-Life law, and you REALLY don't want to end up on that ride.

~D

I only read page 1 but I think I got the jist of it.

I have a buddy that I shoot IDPA with and he told me of a situation very similar to this where he scared a guy off by pointing a gun at him. As follows:

Buddy pulls into gas station after dark to the air pump to air up a low tire. Guy starts towards him, hands at side but one hand "cupped" in an unusal fashion. Buddy gets that tingly feeling on the back of his neck so he pulls his J frame out of his pocket and aims at the guy and tells him to stop. He stops and starts with the "hey man, I just wanted to bum a smoke" or something jive they always seem to spout. Buddy says "lemme see your hands." "No, palms out." Guy complies and he has two razor blades inserted between two of his fingers. Now, why else would this guy have blades held like that? Anyway, guy runs off and my buddy hauls it out of there. He didn't call the cops either. Nothing ever came of it but that just goes to show you that you never really know for sure if someone is armed and bent on harming you.

Greg

Lupinus said:

If you truly feel endangered and have no means of escape pulling the gun after several orders to stop IMO isn't overkill.

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That's the key, means of escape. Did you try backing up or getting out of his way? If you were outside, you had the whole world to escape to. If you had shot this guy you would have fried. Thank G*d he took off when he saw the gun pointed at him.

ngray said:

If you were uncomfortable with the guy from the get-go, you probably should have taken steps to de-escalate a possible confrontation, rather than putting yourself in proximity to him, and creating one.

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Exactly. Well said.

once again that's not required in FLORIDA.
we now have the "stand your ground law"
If you're in a place you have a right to be you do not have to retreat or try to escape.
Ain't the gunshine state great.

AFS

springmom said:

Of course, if you're 6' 6" and 285 lb and he was 5' 7" and 100 pounds soaking wet......

Springmom

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Actually, is someone that is half as big as you are wants to 'mess' with you, you should be extra prepared, because more than likely they have something they think will help 'equalize' the situation.

AirForceShooter said:

once again that's not required in FLORIDA.
we now have the "stand your ground law"
If you're in a place you have a right to be you do not have to retreat or try to escape.
Ain't the gunshine state great.

AFS

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That law only comes into play if you are confronted with a situation which would empower you to use deadly force. In the OP's situation, he would not be protected by this law unless the other guy had pulled a weapon or some fact existed that would have led him to believe that he was in danger of suffering death or great bodily harm. Change the hypo a bit and introduce this element and the game is comepletely different.

~D