Person Playing Cop claims to have CCW in DE makes me feel better its NOT Shall issue

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Deavis:

Hey that is logic. That is not allowed in an emotional argument. I petition for the removal of your observation as irrelevant to the progress of grand standing on a point that makes no sense. May I get a second please?

Rats. I did it again. Sorry. I keep forgetting that gun forums are Wonderland.

If you happen to see the March Hare or the Mad Hatter, please give them my regards and tell them that I apologize for being late to the tea party.
 
If you happen to see the March Hare or the Mad Hatter, please give them my regards and tell them that I apologize for being late to the tea party.

I see them nightly, so I'll happily pass along the word for you.
 
insidious_calm said:
I have not had one class where someone didn't ask about intervening in a 3rd party situation, not one class. I usually don't have much trouble showing them the error of their ways.
Please clarify. What is the "error"? Intervening as a third party when doing so is within the law ... or not intervening, when doing so is within the law and might save someone's life?

Your job as an instructor is to ensure that your students understand the law. It is not your role to decide how they should make their personal decisions once you have conveyed the information to them. With all due respect, it sounds to me like you have a bit of a God complex.
 
So if this gentlemen saw two young guys pounding on one (slightly) older guy, if he felt the one guy would have been justified to use a gun to defend himself...

It all depends upon the circumstances.... yes, in most places use of force as intervention is allowed IF the same force would have been justified in your own defense. BUT, I don't think anyone was justified in using lethal force or the threat of it in this situation. The response to a threat must be proportional to the threat itself, but nothing here suggested there was a lethal element to the "physical" altercation. Plus, I am pretty sure the people being "defended" had a duty to retreat in this situation, which might also negate everyones justification for using force.

Of course, we don't know the whole story, so who knows.
 
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good post , poor reporter.

Lynch said he had a permit to carry the weapons, but couldn't produce one

Heh, I know how he feels.
I tell people I'm a brain surgeon, I even have a scalpel.
Yet just because I don't have a degree or nothing no one lets me cut them up.:evil:
 
Please clarify. What is the "error"? Intervening as a third party when doing so is within the law ... or not intervening, when doing so is within the law and might save someone's life?

Your job as an instructor is to ensure that your students understand the law. It is not your role to decide how they should make their personal decisions once you have conveyed the information to them. With all due respect, it sounds to me like you have a bit of a God complex.


AB,


I'll tell you the same thing I tell my students, by all means jump right in, I'm not the one who has to spend the rest of my life in prison for your decision. I will also tell you that unless you have witnessed an event FROM IT'S INCEPTION you are asking for trouble by intervening with lethal force. Take this hypothetical:

While exiting a store front you hear a woman scream "help me" from around the corner in the alleyway. You hear sounds of a scuffle and a frantic sounding man shouting. You rush around the corner and see a young black male with baggy clothes, corn rowed hair, and gold chains around his neck, struggling with a middle aged woman in a business suit. The male has the woman by the hair with his left hand and has a gun in his right. He looks to be trying to force her to the ground. The woman is trying to claw the mans face with her finger nails.

You are carrying concealed. What do you do? Do you shoot? Who? Who is the 'bad guy' in this scenario? Not sure? Maybe you'll just draw and cover them both? Tell me AB, what would you do?


I.C.


PS - I have no 'god complex', but I do have a vested interest in keeping fellow gun owners from doing something stupid and getting killed or put in prison and being fodder for the 6 o'clock news.
 
Unfortunately, this incident is exactly what the anti-CCW people in my state (NM) point to as a reason to revoke the CCW permit law here. That kind of behavior is just not acceptable. Pulling a firearm in a fistfight is just plain dumb. Appropriate behavior, if one feels a need to intervene, is to get down from the truck and put oneself in the middle of the frecas. I have done that many times over the years. The worst that happened to me was catching a not very well aimed fist along side my head and a pool cue stick blow to the arm. None of this is worth deadly force or getting arrested. This guy will probably have his CCW license revoked if even had one. Just my opinion.
 
You rush around the corner and see a young black male with baggy clothes, corn rowed hair, and gold chains around his neck, struggling with a middle aged woman in a business suit

Do you reverse this example when you have an all black class? Maybe some tatted up Aryan Nation brother beating down a poor middle aged single black mother of 3 coming home from her 3rd shift of the day with a grocery bag. Nothing like emotion to generate logical thinking among your students.

The answer has nothing to do with your ridiculous hyperbole, but rather what does the law say in your state? In Texas you have the right to defend a 3rd person's life with deadly force. That is the only answer that needs to be given by you or any other instructor. The law says you can or can't and then it is the CHL holder's personal decision on what to do. If the law is on his side and he shoots, then his choice is correct for that situation and his state of mind. It doesn't matter if the "offender" is as black as Wesely Snipes and the "victim" is as white as Madonna or vice versa which you probably enjoy twisting around on students that are logical.

How about some stupid hyperbole in reverse? What happens if one of your students doesn't shoot because of your opinion and it turns out that the black man was robbing her and kills her. Would you turn in your certificate and quit teaching?
 
I doubt a legit CCW holder would have intervened in this particular case. It was a mutual dispute, not an aggravated, unwarranted crime. They teach us not to go for the gun unless ALL OTHER OPTIONS HAVE BEEN DEPLETED... including and not limited to, running away. This idiot stuck his nose where it did not belong, and likely deserves whatever he is going to get.
 
Basically, what I learned from that article is: To NEVER get involved until you, yourself, STRONGLY believe that you're going to suffer from bodily injury.

And lastly, ALWAYS have your permit with you when carrying.
 
what you learned is that stupidity knows no boundaries. It can hide behind a licesnse, a badge, or a robe. Why? Because it involves human beings.
 
Do you reverse this example when you have an all black class? Maybe some tatted up Aryan Nation brother beating down a poor middle aged single black mother of 3 coming home from her 3rd shift of the day with a grocery bag. Nothing like emotion to generate logical thinking among your students.

The answer has nothing to do with your ridiculous hyperbole, but rather what does the law say in your state? In Texas you have the right to defend a 3rd person's life with deadly force. That is the only answer that needs to be given by you or any other instructor. The law says you can or can't and then it is the CHL holder's personal decision on what to do. If the law is on his side and he shoots, then his choice is correct for that situation and his state of mind. It doesn't matter if the "offender" is as black as Wesely Snipes and the "victim" is as white as Madonna or vice versa which you probably enjoy twisting around on students that are logical.


Ah Deavis, all that and you completely avoided the question of what would you do. You are wrong in that the correct answer has very little to do with the law and a lot to do with you. The law is the easy part. Kansas allows the use of deadly force in defense of a third party if that person is at risk of death or serious bodily injury. So now that you know what it says what would you do?

I could change the scenario a myriad of ways. I could give you a mall shooting scenario. It wouldn't matter what 3rd party scenario I threw at you though. You stand a reasonable chance of getting it wrong. Not because you're a bad guy. Not because you aren't smart, you seem like an intelligent guy. Not because you don't have the best of intentions, but because you are approaching the situation with the wrong attitude. So far all you've shown me is a steady desire to be the hero of the day. I may very well be wrong though.


Like I said, the law is the easy part, simple memorization there. My kids could probably recite it to you. The art is in deciphering the nuance of the situation. It doesn't matter what the scenario, how are YOU gonna decide who is the bad guy and who isn't in the few seconds you have to make that decision? Better hope you get it right because YOU ARE betting your life and the lives of those who depend on you on that split second decision.

What if it turns out to be two rival gang members? What if the person you thought was the bad guy was really an undercover narcotics officer? What if you get mistaken for bad guy now that you have a gun in your hand? The reason intervening in third party situations is not a wise thing to do, if it can be avoided at all, is because there are so many things that can go wrong and so very few that can go right. Like I said, if you didn't witness the entire situation from it's inception then you most likely don't have enough information to risk using or threatening deadly force. You can't judge a book by it's cover or by reading the last half of it.

It's the same reason responding officers often assume everyone is a suspect when they first arrive at a frantic scene. It takes time to sort out what is really going on. Police buy time to do that by making people yield to their authority until they can take control of the situation and figure out what's going on. You won't have such authority. You won't have the luxury of time. Better to be a good witness and let people who do have authority and time sort it out.

How about some stupid hyperbole in reverse? What happens if one of your students doesn't shoot because of your opinion and it turns out that the black man was robbing her and kills her. Would you turn in your certificate and quit teaching?


Absolutely not. Because at the end of the day if my students aren't dead, in jail, or playing poster boy for the antis on the 6 o'clock news then I have done my job. Reality is that sometimes people get robbed and shot. It happens in the real world. It's not always preventable. Maybe they should have been accountable for their own safety rather than relying on someone else (you) to do it.

I won't tell you that you can't intervene in a third party situation, that's not what the law says. You're right, it is your life, and that of those that depend on you. I will tell you what the law doesn't say though, that it is very, very, very risky to do so. That if you get it wrong the law won't protect you. That if you don't get killed you might go to jail. That if you don't get convicted of something you may get sued in civil court for whatever you didn't spend on a criminal defense attorney. That your employer may fire you because of your actions. That your wife may divorce you because of all the stress. You're right though, sure would feel good if you got it right.


Now, you're not my student, you didn't pay to take a class. This advice may be worth just what you paid for it. That's for you and whoever else to decide. Just make darn sure you think about the risks BEFORE you get into that situation. Truth be told if I saw clear lethal intent, which would most likely mean I already saw someone get killed with my own eyes and there would likely be others, AND I had a clear shot with minimal extraneous risk I just might get involved. It would not be anywhere near my first option. Just make sure your hero story doesn't end poorly for you. That should be your first priority.


I.C.
 
I doubt a legit CCW holder would have intervened in this particular case. It was a mutual dispute, not an aggravated, unwarranted crime. They teach us not to go for the gun unless ALL OTHER OPTIONS HAVE BEEN DEPLETED... including and not limited to, running away. This idiot stuck his nose where it did not belong, and likely deserves whatever he is going to get.
At least in my state, you are not required to use proportionate force. That was something they told you about as a means of making it easier to make the claim of self defense sound good to the jury. You just need to make damn sure you are in the right especially in a 3rd party defense situation. There seems to be very little leniency for mistakes.

In Texas, you are allowed to use deadly force to defend against death or serious bodily injury. One early case for CHL's in Texas involved a guy who was assaulted by a larger man who was slugging him with fists. He managed to pull out a gun and shoot the man killing him. He wasn't required to use less deadly means first.

Of course, not all states are the same. :)
 
intervention???

I think of that woman in NY who was beatend and knifed to death and every on watched it happen because no one wanted to get involved.how times have changed over the decades.glad I wont be around much longer.:uhoh:
:confused:---:fire:---:banghead:--
 
Deavis and others raise the issue is deadly force appropriate for breaking up a fist fight? No, it is not and never will be. What kind of world is this where trading punches is life threatening?

Deavis also raises the race issue. This is a legitimate question. I would liketo think that the members of this forum (me included) would intervene in any man on woman situation.

Point of clarification, Deavis. If you can find a photograph of Wesley Snipes decked out the way you described your assailant please post it here.
 
insidious_calm said:
Failing that, if I feel like a student is going to be playing wannabe with his permit then they won't pass my class. I'm under no obligation to pass anyone. I firmly believe in this type of system. I do not believe the government is capable of impartial decisions with respect to firearms. Let the instructors decide with a shall issue system.
In other words, in your world the legal authorities don't need a may issue system because you impose your own may issue system before the applicant even gets his track shoes laced up. Someone pays you money to take your class, goes through the entire class, passes whatever examination and live fire exercises you may impose -- and if YOU in your infinite wisdom think he might be a wannabe you simply decline to pass him?

I'm glad you aren't an instructor in my state. That attitude is entirely unacceptable. I still say it sounds like you have a God complex.
 
I don't really have an opinion on this one way or the other. I think the guy did escalate the situation when he didn't have to, but still...
I personally wouldn't get involved except of course for calling the police. As it didn't look like any one party was a victim or an aggressor, there would be no real reason to draw a weapon.
But calling this guy a vigilante... feh. He was just in the wrong place at the wrong time and over-reacted. It's not like he was looking for trouble.
 
For the record AB, I prefer a Vermont style system. FFA as it were. So long as governments are going to insist upon a permit system though I much prefer a shall issue system where the government can't arbitrarily intervene. To go along with that I don't know any instructors that would pass a student of questionable integrity. To do so would be stupid for a plethora of reasons. Not the least of which is possible liability to me, and real potential harm to the image of gun owners, which is every instructors, as well as every owners, obligation to prevent. Your assertions are out of place and unjustified.



Blacksmoke,


Deavis also raises the race issue. This is a legitimate question. I would liketo think that the members of this forum (me included) would intervene in any man on woman situation.


To clarify. My scenario was intended specifically to shatter any preconceived racial or gender perceptions. Specifically the black male was an undercover narcotics detective in the middle of a bust. I would caution you that your statement about interveneing in "any man on woman" situation is exactly what I'm talking about. The woman in this scenario was the 'bad guy'. Think about it. You can not judge a book by it's cover, nor the game by the players.


I.C.
 
Insidious Calm, so true. In 1977, I saw a guy in his 20s, in a field, pounding a young woman laying on the ground (his fists). It was night along a rural road with no lights. I saw them in my headlights. So, like an idiot, I leaped into action and rushed the guy knocking him off the girl. The girl then began screaming at me. The guy was her boy friend and what did I think I was doing? She did not mind that this guy was punching her lights almost out. Who asked me to interfere? Was she pissed at me. I was lucky no charges were pressed. This was in a small town and this clown came at me a couple of times. I was so wrong. I learned the hard way to be sure of a situation before getting into it.
 
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Ah Deavis, all that and you completely avoided the question of what would you do. You are wrong in that the correct answer has very little to do with the law and a lot to do with you.
What about my answer threw you? You posed a simple question with a really ridiculous description of a situation designed to illicit emotion rather than logic. I said the following:
The law says you can or can't and then it is the CHL holder's personal decision on what to do.
That is the answer, is it not good enough for you? The law says I can shoot, maybe I decide to shoot or maybe I don’t. Two part test and that is the answer. That is the correct and only answer to your question. Nobody can pre-fetch the latter portion, which is what you want to do in a way that is offensive to me. I understand what you are doing, but I want you to admit it for what it is. You are trying to use stereotypes and your position to influence the decision people will be forced to make in a manner that is morally acceptable for you rather than being logical about it.
I could give you a mall shooting scenario. It wouldn't matter what 3rd party scenario I threw at you though. You stand a reasonable chance of getting it wrong. Not because you're a bad guy. Not because you aren't smart, you seem like an intelligent guy. Not because you don't have the best of intentions, but because you are approaching the situation with the wrong attitude.
My answer is correct no matter what situation. What we are arguing is your opinion of the consequences of my answer, not the correctness of it. You are trying to inject your opinion of correctness into the argument and I won’t let you do it. You cover it with the guise of nobility for your students but what you are doing is using the parent ego, not the adult ego. The adult says exactly what I did the first time and what you try to emulate with your response to my first post. The adult ego is tough to maintain, especially in a position of authority but the parent ego permeates your responses.
YOU in your infinite wisdom think he might be a wannabe you simply decline to pass him?

My point exactly. We aren’t talking about the correct answer to the situation, we are talking about his opinion of what the correct answer should be and how to present it. My instructor presented facts, not opinions, and covered it using the adult ego.
 
What about my answer threw you? You posed a simple question with a really ridiculous description of a situation designed to illicit emotion rather than logic. I said the following: "The law says you can or can't and then it is the CHL holder's personal decision on what to do." That is the answer, is it not good enough for you? The law says I can shoot, maybe I decide to shoot or maybe I don’t. Two part test and that is the answer. That is the correct and only answer to your question. Nobody can pre-fetch the latter portion, which is what you want to do in a way that is offensive to me. I understand what you are doing, but I want you to admit it for what it is. You are trying to use stereotypes and your position to influence the decision people will be forced to make in a manner that is morally acceptable for you rather than being logical about it.


And this jewel:


My answer is correct no matter what situation. What we are arguing is your opinion of the consequences of my answer, not the correctness of it. You are trying to inject your opinion of correctness into the argument and I won’t let you do it. You cover it with the guise of nobility for your students but what you are doing is using the parent ego, not the adult ego. The adult says exactly what I did the first time and what you try to emulate with your response to my first post. The adult ego is tough to maintain, especially in a position of authority but the parent ego permeates your responses.


Speaking of ego Deavis, like I said, jump on in. Let your ego write whatever checks you think your life can cash. Just remember that your actions will be used by antis against all of us. What you don't understand is that you are not the one who decides the correctness of your actions in light of what the law says. Whether it is naivety, immaturity, or just plain narcissism I don't know, nor do I care.

Laws may be written in black and white, but they are subject to constant interpretation. The second amendment is a perfect example of this, it's interpretation varying widely even amongst members of this board. My morality and my ego have nothing to do with it. What I am trying to do both here and in my classes is inject reality into the situation.

You see, in the real world Deavis, you can shoot someone because in your mind it meets the criteria set forth in the law, but you are not the final arbiter of your actions. The responding officers, the grand jury, the prosecuter, maybe even judge and jury, are the real people who get to decide the correctness of your actions. You may not like that fact, but that is reality. I've said nothing different than that in this thread. In the real world actions have consequences whether you like it or not.


You'll probably chalk all this up to my parent ego, lol, and that's fine. Just keep in mind that in the real world you can be 100% right in your actions and still end up 100% dead, or 100% broke from the trial that proved your correctness. YMMV.


I.C.
 
For the record AB, I prefer a Vermont style system. FFA as it were. So long as governments are going to insist upon a permit system though I much prefer a shall issue system where the government can't arbitrarily intervene. To go along with that I don't know any instructors that would pass a student of questionable integrity. To do so would be stupid for a plethora of reasons. Not the least of which is possible liability to me, and real potential harm to the image of gun owners, which is every instructors, as well as every owners, obligation to prevent. Your assertions are out of place and unjustified.

I'm honestly having a hard time understanding what you just said. You really prefer people open or conceal carrying firearms with no permit or government intrustion whatsoever, but because there is governmental intrustion, you feel the obligation to pre-judge permit applicants because it might make all gun owners look bad?

Or how about the "possible liability" to you. So, by all objective criteria the government itself sets up, a person passes the course but somehow you're liable if they go off and shoot somebody?

If the government held me to those standards, I wouldn't be an instructor.

To clarify. My scenario was intended specifically to shatter any preconceived racial or gender perceptions. Specifically the black male was an undercover narcotics detective in the middle of a bust. I would caution you that your statement about interveneing in "any man on woman" situation is exactly what I'm talking about. The woman in this scenario was the 'bad guy'. Think about it. You can not judge a book by it's cover, nor the game by the players.

If the man was a police officer, how come I didn't hear all of the yelling of "YOU'RE UNDER ARREST LADY!" and so on that often accompanies arrests?

Besides, using the reasonable person standard, if it could be shown that any reasonable person on the street, seeing the same thing I did would think the same thing (that a woman was being threatened by a potential rapist or was being attacked and robbed), then it would be ruled justifiable.

A tragedy, certainly, no matter how one looks at it, but it really isn't as cut and dried as you are trying to make it. At least, in the real world.
 
I'm honestly having a hard time understanding what you just said. You really prefer people open or conceal carrying firearms with no permit or government intrustion whatsoever, but because there is governmental intrustion, you feel the obligation to pre-judge permit applicants because it might make all gun owners look bad?

Or how about the "possible liability" to you. So, by all objective criteria the government itself sets up, a person passes the course but somehow you're liable if they go off and shoot somebody?

If the government held me to those standards, I wouldn't be an instructor.



Sage,

I'm not sure what's hard to understand about that. Gun ownership has been under assault by the media for what seems like forever. Surely you don't dispute that? If I give you a certificate despite the fact that you are sitting in my class telling everyone how the first thing you're going to do is start 'citizen arresting' people, and you do in fact go do that, then yes it's VERY BAD for concealed carry and gun ownership in general. Would I like vermont style nation wide? You betcha, but we'll not get that until we win our war with the media and probably a few court cases to boot.

As for the liability issue, you bet there is liability in this. As there is in ANY business. Again, if I give you a certificate and you shoot some kid having a lovers quarrel with his girlfriend, I'm at risk. It won't be long before the kids family has Shyster, Shyster, Shyster and sons P.A. knocking on my door after they subpeona the records from the state. We live in a litigious society. It's not the government I'm worried about in that respect. Even if I win, I'm still out cash and time.

If the man was a police officer, how come I didn't hear all of the yelling of "YOU'RE UNDER ARREST LADY!" and so on that often accompanies arrests?

Besides, using the reasonable person standard, if it could be shown that any reasonable person on the street, seeing the same thing I did would think the same thing (that a woman was being threatened by a potential rapist or was being attacked and robbed), then it would be ruled justifiable.

A tragedy, certainly, no matter how one looks at it, but it really isn't as cut and dried as you are trying to make it. At least, in the real world.


That's the whole point, third party situations aren't cut and dried. The odds of a bystander (you) knowing all the facts of the situation are slim. And the 'reasonable person' standard is applied by jurors deciding the facts of your case. Keep in mind that you don't get to present your side to the grand jury. That's only the prosecutor talking to them. You get to tell your side at your trial. Which, again, is my point. Attorneys aren't cheap. If you have piles of spare cash laying around be my guest, play superhero all you want.


I.C.
 
Sage,

I'm not sure what's hard to understand about that. Gun ownership has been under assault by the media for what seems like forever. Surely you don't dispute that? If I give you a certificate despite the fact that you are sitting in my class telling everyone how the first thing you're going to do is start 'citizen arresting' people, and you do in fact go do that, then yes it's VERY BAD for concealed carry and gun ownership in general. Would I like vermont style nation wide? You betcha, but we'll not get that until we win our war with the media and probably a few court cases to boot.

As for the liability issue, you bet there is liability in this. As there is in ANY business. Again, if I give you a certificate and you shoot some kid having a lovers quarrel with his girlfriend, I'm at risk. It won't be long before the kids family has Shyster, Shyster, Shyster and sons P.A. knocking on my door after they subpeona the records from the state. We live in a litigious society. It's not the government I'm worried about in that respect. Even if I win, I'm still out cash and time.

Okay, that makes more sense to me. Thanks for clarifying.


Attorneys aren't cheap. If you have piles of spare cash laying around be my guest, play superhero all you want.

I am the poorest person I know; being on disability makes that pretty easy. I don't ever play superhero and I wouldn't even if I had Bill Gates' cash. I do play, however, a guy who's an empathetic, caring, concerned, thoughtful citizen who'd do what he could to try and aid another human being who is in trouble. I've written a short essay on this topic and posted on THR, so I won't go into any more detail in this thread, but I've made it very clear about how troubled I am regarding my moral and ethical obligations to my fellow humans and the moral and ethical obligations towards myself and my loved ones too.

I realize that this is purely an internal struggle which may never impact anyone other than myself and I apologize if I came across as being more beligerent towards you than I intended.
 
I think the wannabe in the original post should't be allowed to buy booze, drive a car, vote, have children, and do a ton of other things.

But the whole idea is that it is wrong to punish and deny rights to the whole because a small minority may abuse those rights.

Should we restrict free speech just because someone may at some time run a scam on old people? Should all theater goers be gagged just in case one of them feels inclined to yell "fire!"
 
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