However, I feel like the way some of the laws are written that they almost encourage a person to bait someone into getting shot. Some states see informing a person you have a gun is the same as brandishing. IOW, you cant warn the person of what they are about to get themselves into. The violent criminal just has to learn about it the hard way.
Take for instance someone crossing the street with a tire iron that spawned from a mishap in traffic. You have the perfect opportunity to produce a gun and have it at your side to deter this hysterical person from carrying out their violent intentions. More than likely they will see the gun and diffuse the situation on their own. Rather than having to wait for the threat to get real enough and close enough to harm you or your family. Then even if you do shoot them no matter how sorry of a human being they are the person may still have children or loved ones that aren't as sorry as the day is long which would be traumatized from the outcome.
I can see it both ways.
Bolded the relevant part - I agree with you. SOME situations can definitely be de-escalated once the other person realized "this just got REAL." People who are highly agitated may not even realize that the thing in their hand (tire iron, etc) is a lethal weapon and that approaching someone with the appearance of doing them harm opens them up to being SHOT.
A gun coming in to play is not an improper thing when confronted with potentially lethal force; *I* would draw if I had a big angry man coming at me with an instrument that could cave my skull in. Reason being is if they are within 10 yards I'm easy prey if I don't have my gun in my hand, they can close the remaining distance before I can draw.
But it may NOT be to the point where I'm justified POINTING the gun at him! Not until there is absolutely no question that they are going to strike me with that instrument - they raise it up and charge, etc.
I was involved (and cleared by the police detectives and states attorney) on an incident where I *did* draw and *did* brandish a firearm when I was confronted by a much larger man who was trying to jump the counter in my shop, once. He yelled "I'm going to kill you {expletive}" at one of my employees, and up and over he tried to go. I drew a firearm while backing up - he saw the gun and froze. (The gun was on a shelf under the counter; I grabbed it instinctively while backing up as I didn't want this big fellow between me and my firearm...)
"That's not real" and he started moving again. "Yes it is" as I back up further (now against a wall) - I jacked the slide and a round flew out - he turned a couple shades lighter, and fled - actually bounced himself forcefully off our glass door on the way out...
Shortly after that the cops called me - the guy went to the police station and reported it. Desk sergeant said "we have a man down here who said he threatened one of your employees and you drew a firearm, is that true?" ... "Yes"... detectives come over.
As it turns out if I had *POINTED* the firearm at the man, I would have been charged with assault with a deadly weapon - a felony. But I'd held the gun at low ready - and had several witnesses that confirmed this. Never swept him or another human with the muzzle.
Very fine lines we have to navigate in our respective state laws.
I would like to keep it on the level of the common man as far as responses go. The lawyers can start their own thread and I am sure they will. I don't lurk or participate over there. Common sense doesn't mix with law. If you don't believe me just look at the SCOTUS ruling on the straw purchase issue.
Pay attention to those "lawyer types" man, because the difference between going to prison and going home to watch TV are sometimes VERY thin.
