Hyothetical situation regarding using your weapon...or not

Discussion in 'GA Laws and Politics' started by pro2am, Aug 9, 2006.

  1. pro2am

    pro2am New Member

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    I have a hypothetical scenario that I would like to run by y'all.

    You are out by yourself on the Silver Comet trail (no witnesses) you feel that a person is a threat in some way. Lets say a man asking for money while his hand is in his pocket (possible knife, gun?), or maybe he's coming out of the woods and following you, or it's an outright confrontation. Regardless whether he is passively aggressive, or very aggressive, you feel that he is a threat to you in some way.

    If you draw your weapon, point it at him, and back away or otherwise leave the scene with your gun pointed at him (maybe telling him not to move at the same time), should you report the incident to police?

    Are you asking for trouble (i.e. tresspassing, or worse) if you do? Maybe the guy was a little weird, but otherwise harmless. Are you justified in pointing your weapon at him? If he calls the cops on you, and you haven't reported it, are you in trouble?

    I've always heard that if you pull the gun, be prepared to use it, and that means to kill. But if you pull the gun to hopefully defuse the situation and that works, could it come back and bite you?

    I realize this is very broadly worded and every situation is a little different, but I thought I'd throw it out there for a discussion.
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    (1)

    I have a hypothetical scenario for you. Let us say you broke down near the trail. You tried to fix your car, got all dirty, oil and antifreeze all over your white t-shirt, sweaty, stinky, and you weren't dressed all that nice on that day to begin with. You left your gun at home and your cell phone. You tried to dig up enough change from the car to use the pay phone, but you are 5 cents shy, so you amble up to the next passerby, limping from twisting your ankle and hurting your back when climbing, grease covered from your car, voice croaking from thirst, "Len' me a nickel, Len' me a nickel, Please," as you dig in your pocket, intent on showing the passerby that you have all the change for your phone call excepting one nickel.

    The passerby screams something that sounds like "I said stop! Last warning!" and draws her Para .45, pointing it at you.


    Now you hear her clearly. "One more step and I will shoot. Keep that hand in your pocket."

    You pee on yourself and run.

    Do you call the cops?

    If you do, and she does not . . .

    Well, you get my point.


    (2)

    The answer to your first question, "Are you justified," is complicated and might require more facts.

    You are justified if a reasonable person in your circumstance would believe they were in danger of imminent death or grievous bodily injury. If you ask me, you have problems threatening deadly force based on just the facts you gave.
     

  3. pro2am

    pro2am New Member

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    Thanks for that hypothetical, I actually laughed out loud while picturing it.

    I think you also answered my questions by stating
    But this begs the question, who is that "reasonable person", the jury of my peers? In other words, the young lady in your story could be arrested because I really did not pose a threat, even though she thought that I did, and I could claim she "brandished" her gun at me. No?

    There is a point at which a decision is made to either draw the gun, or not. I just pray that I make the right decision if faced it...not too soon, and definately not too late.
     
  4. geaux_tigers

    geaux_tigers Member

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    I understand your concern over "reasonable person" and a jury of my "peers". I think gun-fearing soccer moms are unreasable. And from what I've seen my "peers" (i.e. college-educated critically-thinking white males with GFL between 25 and 35) don't usually end up sitting on juries. :)

    In Georgia I don't think there is a statute prohibiting brandishing, but pointing your weapon at someone is aggravated assault. :ianal:
     
  5. ls1ssdavid

    ls1ssdavid New Member

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    Personally I wouldn't draw out until I see a weapon either Knife or Gun.

    In my mind I can fight off almost any person without using a weapon (as long as he doesn't have a weapon). Of course unless he is joe kung fu bad A**. So I would probobly not draw out. I would definatly make space between myself and him until I understand what is totally going on. But, I definatly would have a plan to draw and use my weapon if the threat goes higher (ie: he does draw a weapon).