Almost Drew My Gun Today

[*NOVA*]

I read these posts to get educated - am extremely interested in anyone who has an experience such as yours. It is a big deal and very relevant - we are discussing when, and when NOT to draw your weapon.

 

[Kleanbore]

Posted by *NOVA*: I read these posts to get educated -

Excellent--that's what we are here for.

...am extremely interested in anyone who has an experience such as yours.

The problem is, it may not be wise for anyone to relate an experience involving the drawing of a firearm, except to his lawyer. More on that later.

It is a big deal and very relevant - we are discussing when, and when NOT to draw your weapon.

For that, read and heed Post #73 by Flfiremedic. It really says it all quite well.

There seems to be a common misconception that after the sun has set on an incident, it's OK to talk about it in public.

There are several problems with that.

1. Anyhting you say to a police officer "can and will be used against you". But--what you do not say can end up hurting you, also. See this for what to say and what not to say after a self defense incident.
2. Anything you post in a public forum or in e-mail is permanent and is discoverable and can be used against you, either as evidence or to provide leads to evidence.
3. Either the threatening display or the use of any kind of weapon, improvised or purpose-designed, constitutes a criminal act unless it is lawfully justified; it may be justified under some circumstances involving self defense or the prevention of certain kinds of felonies. Producing evidence of justification is up to the actor.
4. Charges may be filed at any time after an act has occurred unless there has been a trial and acquittal, a pardon, the expiration of any applicable statute of limitations, or the death of the actor. A policeman's comment that one did the right thing, a DA's statement to the same effect, or even a grand jury's "no bill" does not fully eliminate the risk.
5. That risk can involve exposure to either criminal or civil sanctions or both.

Some states do have laws that can provide protection against criminal and/or civil prosecution if an act involving the use of force is justified under the law. Usually, that requires providing evidence of justification and showing that a preponderance of the evidence supports justification. However, should new evidence, such as previously unheard testimony, come to light, things can change.

For these reasons, we urge all of our members to carefully consider what to post regarding "this happened to me " experiences. That is not a strict prohibition, but it is a caution that should not be taken lightly.

 

[we are not amused]

Something I have not heard mentioned in this discussion is the need to notify law enforcement if you draw your weapon, and the (bad) guy backs down.
So far so good, but if you don't immediately inform law enforcement and he does, you are in for a world of trouble.
In this case, since no weapon was drawn, or overt threats of a weapon were involved, no problem. (probably) Of course it helps that he had his wife as a witness. But if ever a weapon is drawn, or an overt threat is made, prompt notification is necessary. If the bad guy calls first, then his story is what the cops are going to act on. Simply call 911 and tell the dispatcher what happened and why. A little time and hassle now, may save a LOT of time and hassle later on.
Plus, if the bad guy really was looking for a victim, calling the cops may prevent a greater tragedy from happening to someone else.

 

[knotquiteawake]

In reference to the experience of <MOA, why did you not jump back in the truck and go to another gas station? I have been in situations like that multiple times in Houston. Each time I said "Howdy" very loudly, got back in the truck and left asap. The only responses I received were surprised looks and the occasional gang sign. Btw, they were armed. (Very easy to spot in the front of their pants.) I'm not in a mandatory retreat state, but I would much prefer everyone walk away, even if the BG only walks for a few minutes until the police show up... Just my thoughts. Thanks.
-Gig 'em-

Gig'em I've only been in Texas for a couple years (I'm in Dallas) so I don't have cowboy boots or a truck yet (but my CHL is in the mail right now). Am I still still allowed to say "Howdy?" I have started to use "y'all" with some moderate success (i.e. NOT sounding like a Californian).

But in all seriousness, I like your plan there, acknowledge them, get back in the truck and just drive away. No reason to be sitting there pumping gas looking all out of place. Also with the fuel pump hooked up you have severely impacted your avenue of escape.

In my mind choosing to CCW gives you the obligation to avoid confrontations...maybe you do have to back down from a drunk...maybe you don't get the good parking spot you wanted (even if you were there first and in the right)...maybe you have to leave to avoid hearing foul language instead of forcing someone to clean it up...

This right here is the mindset I am constantly running in my head right now as I prepare to start carrying. How can I avoid a conflict? I hate conflict.

 

[JustinJ]

Generally speaking if one is forced to draw their weapon it will be in response to a person doing something that they do not want LE to know about but this is not always the case. If others witness the event they are most likely going to be who calls first. The question sometimes becomes if you draw a weapon and the threat leaves do you also leave and then call or stay put and call. If the weapon is not fired I would say leave first and then call. When you call you do not start with "i drew my weapon". You start with what the other actor did and say you want to file a complaint and then go from there. By doing so you avoid LE rolling in "hot" in a manner that is not fun and puts you in danger. By calling immediately and offering to come in to the station it does not seem as if you are fleeing from the police. In my experience they took the report over the phone and said that i did not need to come in.

 

[thedrewcifur]

i just want to say i think you handled the situation well.

 

[MyGreenGuns]

to OP: Noone got hurt. You learned something. Thumbs up!

An x-police friend of mine told me that the first time he felt the "weight" of carrying a gun, was the first time he had to pull it. He told me that in the tenth of a second it took to clear the holster he saw every outcome flash thru his head. Everything from being shot himself, to killing an unarmed person, to missing and hitting an innocent, to having to kill someone in self defense. The perp dropped the knife he had gone for and went to jail. My friend is very proud that in his career he only had to draw twice, and he never had to fire.

This is a man who put himself in harms way for a living. Little ol' me, I just try to blend into the scenery. If I live my whole life and never have to draw on someone, I'd be estatic!