How should I handle this situation

[LJ-MosinFreak-Buck]

Right, because it's not like he's out there doing stupid stuff that'll get him caught eventually and thrown in jail, where he still can't pay child support. I wonder how a public defender could even attempt to defend someone like that. I guess they have different motives.

 

[Hoppes Love Potion]

NO. And you need to understand that pulling a gun when you are not lawfully justified cannot only lead to some very serious criminal charges, it can also give another person the legal justification for killing or seriously harming you in self defense.

Exactly. Let's continue the [FICTIONAL] encounter:

You pull out your weapon and tell them to back away from your truck. At this point, they have a couple of freebie options that could go very badly for you. First, they could at that point call the cops and probably get you locked up for brandishing. Second, they may be justified in shooting you, or otherwise trying to disarm you, because "they felt their life was in danger". All they did was ask for a cig, and some guy draws on them and starts ordering them around. Not good.

I think it's natural for a new CCW holder to LOOK FOR situations where he is justified in whipping out his carry piece and "saving the day". Please try to resist these urges; this is not why we carry. We carry to save a life. You pull your weapon out to save a life, not to posture and order hobos around.

 

[LJ-MosinFreak-Buck]

Woah woah woah woah... Let's act like I'm going out to look for trouble now.

I posted that the first individual walks up to my window, asking for a cig. Me and buddy say no, we don't. He keeps talking, and I see a second indiviudal in the mirror, walking in a strange fashion, hand in his pocket around an object in a strange fashion.

I proceed to tell him to back off, and he REFUSES to. Other guy keeps getting closer and say, starts to invade on my comfort zone. While it may not have been a good idea to draw my weapon, it really isn't a good idea to sit there and let the possibilty of something bad happen actually happen. Am I not right?

 

[Fred Fuller]

I just need to know when to draw

That is a question best addressed to a practicing criminal defense attorney familiar with the laws regarding self defense in your jurisdiction, not to anonymous strangers on the Internet.

I am not a lawyer.

As a very general rule, you draw when you have run out of all other legitimate options to escape the situation at hand. You draw when, both before and after the fact, you can clearly articulate to a responding cop/arresting officer/prosecuting attorney/jury of your peers precisely WHY you felt it legally necessary to introduce a firearm into the situation, and thus why you would have been legally justified in firing said firearm had the situation continued to escalate.

Getting a legal education in court at the defendant's table IS NOT how you want to learn the answer to this question, I assure you.

lpl

 

[zstephens13]

Just a couple observations:

1. Try to avoid danger at all costs. That is your first line of defense. Avoid dangerous situations, dark parks/alleys, suspicious people.

2. Try not to stereotype "shady people." Honestly, you would seem pretty shady. If I was driving by this park and saw your vehicle with you drawing your gun on people and ordering them around, I would seriously consider drawing on you.

3. Rather than thinking of, "When can I draw my gun?" divert your thoughts to, "What actions can I take before I absolutely have to draw my gun?" These are things like retreat, diplomacy, etc.

Don't worry about when to draw, but what your options are before drawing. Once all of those options are exhausted, you may only have one option left: Defending yourself or another with deadly force.

May it never happen.

 

[easyg]

I proceed to tell him to back off, and he REFUSES to. Other guy keeps getting closer and say, starts to invade on my comfort zone. While it may not have been a good idea to draw my weapon, it really isn't a good idea to sit there and let the possibilty of something bad happen actually happen. Am I not right?

You don't have to just sit there and wait till something bad happens....you can drive away, walk away, or run away.
And if you're pursued then at least you would have some real justification to fear for your safety.

As for invading your comfort zone...

If you've ever walked down a crowded street, or were in the audiance at a rock concert or sports event, or stood in line at an amusement park, or rode a crowded elevator, or did last minute shopping the day before Christmas, etc...you've had your comfort zone invaded.

That's just the price of living in a free society.

You cannot attack people simply because they invade your personal comfort zone while you're in a public place.

 

[cassandrasdaddy]

but more than likely a deadly object, judging from appearance (two dressed in shadier types of clothing.)



presumes facts not in evidence