What would you do?

[mrbladedude]

What would you do if you where going to the store with your wife and 2 kids ( wife being pregnant for arguments sake and she cant really run fast ) , you where legally carrying a concealed firearm, and you where attacked by someone. He is a better fighter than you are, faster and stronger and is beating the hell out of you. You cant run away since your family is with you, you cant defend yourself since the attacker is well trained.

Would drawing your weapon be justified in this case? And what if you drew your weapon and he still continued to advance on you?

 

[WoodyTX]

I suspect this will get kicked to the "Strategy & Tactics" forum, but if I truly feel my life is in danger, then I will shoot.

A very similar case came up in Texas, right after the CHL law was passed (1996?). A CHL holder was a victim of a road rage incident, where a larger and stronger man was leaning into his car, beating the tar out of him. The CHL holder shot and killed his assailant. All of the 'regular suspects' were calling it the end of concealed carry, but the jury quickly came back with a 'not guilty' verdict because he had indeed been in fear for his life.

I can't find the case, but I clearly remember the 'talking heads' going on about how every traffic accident would immediately turn into a shooting. I seem to recall that the assailant was unarmed, only using his fists.

This doesn't mean that if someone punches you, you can shoot him. There's a difference between getting beaten up and being in fear for your life.

UPDATE: It was 1996, in Dallas. Gordon Hale shot and killed Kenny Tavai after suffering broken facial bones and being partially dragged out of the window of his truck. This article is typical of the coverage: http://www.chron.com/CDA/archives/archive.mpl?id=1996_1325536

 

[kingpin008]

Woody is right, this does belong in S&T. I'll PM a mod and ask them to move it in a sec.

That said, there are quite a few gaps in your scenario that need clarification before anyone can reasonably answer.

First, how did you come to be attacked in this scenario? Were you approached and immediately attacked, or was there some interaction between you and your attacker first? The answer to this may inform our answer.

Also, where are you located? Self-defense laws are not universal. What is considered a justifiable use of force in Maryland is not the same in Texas, or Washington or Indiana. Specifics will help us help you.

 

[txhoghunter]

He is a better fighter than you are, faster and stronger and is beating the hell out of you. You cant run away since your family is with you, you cant defend yourself since the attacker is well trained.

Would drawing your weapon be justified in this case?

"Beating the **** out of you" means that your life is in danger. As far as what you are saying, in *most* states you are legally in the right to draw your firearm and fire in self defense in this scenario, and should I be able to get my gun out I would fire. If he is close enough to be punching you, he does not get the quick warning of seeing you brandish a gun which would typically turn an aggressor away.

And what if you drew your weapon and he still continued to advance on you?

Okay, so did you get away? This statement confuses me. If you break contact for long enough to draw your weapon, do so. Then if you feel like you and your wife cannot safely escape, position yourself between the assailant and your wife (while telling her to try to move away and call 911) and warn him to stop. Then if he continues to move towards you aggressively, shooting to stop might be your only available option.

It all depends on the situation.

However, if he is on top of you beating you up and he is that much of a better fighter than you, he might be able to disarm you should you try to draw your weapon

 

[Fred Fuller]

Given the lack of clarity in the scenario as presented in the OP, I'm going to wait until a bit later this afternoon for the OP to show back up and clarify things a bit. If by then there hasn't been any clarification, I'm going to close the this thread and PM a notice to the OP to re-visit the scenario and offer more detail as to precisely what questions he's trying to get answered here.

This is a heads up as to what's coming and why...

lpl

 

[Kleanbore]

"Beating the **** out of you" means that your life is in danger. As far as what you are saying, in *most states you are legally in the right to draw your firearm and fire in self defense.

One might think so, but not everyone will always agree.

Suppose you were with your wife and were attacked, without provocation, by three people who got the upper hand when you had no means of escape, this in a "gun friendly" stand-your-ground jurisdiction, you were overcome by this fist assault, and before losing consciousness, you shot and wounded one of the assailants. Do you think you just might end up in jail and in court?

Hint: this case has been discussed here before.

To the OP: you might take this case into account as you try to frame the scenario in better detail.

 

[txhoghunter]

One might think so, but not everyone will always agree.

Yes, this fact is unfortunately always present. Even when a shooting is seen by most as completely justified, there are always those who beg to differ.

If one has to use a firearm, or any weapon for that matter for self defense, there will be consequences. You can be tied up in a legal mess (criminal and/or civil) whether it was a "good" shoot or not. Basically, every situation is different, and all can't be discussed here on THR. However, I was just trying to explain as best I could how I would react should I encounter the situation as stated in this *vague post.

Do you think you just might end up in jail and in court?

Unfortunately, yes. Jail is a possibility, and court is almost certain...

I know that was more of a rhetorical question, but for those who might not, there is an answer

 

[kingpin008]

So, is the OP coming back? Looks like he was on earlier, but never checked in.

 

[Fred Fuller]

The thread is closed, temporarily or not, pending contact from the OP with staff. A PM advising of the situation has been sent to the OP.

lpl