[VolGrad]

I find this question very interesting too. I think I even asked it once before on this board in a round-a-bout way. As I understand it there is no "brandishing" charge in GA. However, if you do draw you could be subject to a felony aggravated assault charge.

I read an encounter another board where a potential BG seemingly stalked a legal permit holder (not in GA) in a McD's bathroom (watched him closely and was not doing anything other than just standing in the bathroom - not going, not washing, just intently watching people come and go). When the guy exited the restroom he noticed the BG was following him and by the time he neared his vehicle, the BG was almost on him. In his mind he was certain the BG (who was much larger than him) was going to harm him. He pulled his cover garment to reveal his weapon. He did not draw. The BG held up his hands and backed away. The BG showed no sign of having a weapon. He did not stick around to deal with the cops, just left and then called it in later.

This encounter could easily happen to anyone of us here.
-If we draw and the guys isn't out to do you harm, he could call the cops and/or sue you.
-If he is out to do you harm, you have committed yourself to either shooting an unarmed man or getting into a H2H situation, likely fighting over your weapon he now knows you have.
-If you do not show/draw your weapon you might end up seriously hurt or killed.

Legal eagles, what do we do? Where is the balance between practical & legal? This will be a great question for Mr. King.

 

[VolGrad]

Re: Other Guy's Perspective

If the answer is YES, then you must be able to show that he's the one who made you fearful first, and you only responded to his threat with your weapon.

This is a great point.

It brings to mind something Legacy38 has said in previous posts. In the context of his post he was discussing a police officer being able articulate why he did _______ in his written report. Being able to clearly state why he took such actions could make the difference in a case.

In the context of our discussion here it could mean being able to clearly articulate verbally (and in writing if the police or lawyers are involved) why you felt threatened enough to show/draw your weapon. I would be very clear with specific details regarding the location, the perps actions, the time of day, any recent crime incidents locally, etc.

So now we all are clear we wouldn't draw unless we genuinely felt threatened, we all know to clearly articulate what happened to a LEO or attorney, etc. The question still remains....when are we justified in drawing? Is there even an answer to this question. We each have a different threshold of fear or perceived threat. Sharky says he let's most anything roll off his back if he can. I try to do the same thing. Others of us might be more on edge and might feel threatened enough to draw if verbally assaulted.

Where is the legally defensible line on what constitutes a threat? Especially if the threat is unarmed or his status is unknown.