Brother needs advice about near altercation...

[Dragonfighter]

If some quick talk or relocation can defuse the situation, then good. One might also pray the blessing of wisdom on them. God has a way of teaching wisdom that can be brutal.

[pt145ss]

Potentially bad situation.

You are not justified in even showing your weapon (a threat of deadly force) until you are justified in actually using deadly force. And nothing in this confrontation rose to that level as far as I can see.

This is a long thread and I admit that i did not read the whole thing so someone may have already adressed this. I thought (and i know that i might be wrong) that if a BG uses unlawful force (even if it does not rise to the level of deadly force), than one can display a weapon as a threat if the sole intention is to create the apprehension that the victim could use deadly force. As long as the victim is justified in using force (not necessarily deadly force) than the victim is justified in displaying the weapon to create apprehension he/she may use deadly force.

EDIT:

Meant to add that i do not believe this situation rose to a level where the brother would have been justified in using force...let alone deadly force. I think trying to descalate is the right thing to do.

[chabouk]

This is a long thread and I admit that i did not read the whole thing so someone may have already adressed this. I thought (and i know that i might be wrong) that if a BG uses unlawful force (even if it does not rise to the level of deadly force), than one can display a weapon as a threat if the sole intention is to create the apprehension that the victim could use deadly force. As long as the victim is justified in using force (not necessarily deadly force) than the victim is justified in displaying the weapon to create apprehension he/she may use deadly force.

Yes, you missed some important discussion. The threat of deadly force is justified when the use of force is justified, but (very important "but"!), PC 46.035 makes it illegal to show your handgun unless the use of deadly force is justified.

[Judge]

What about in the scenario of the O.P. The B.G. pushes The G.G extremely hard in the chest to where G.G.gets knocked back 2-3 steps and states "STOP!! I am in fear for my life and I have a gun.".......? No Brandishing involved. Then the Bad guy, leaves. OR What if the B.G, still persues you with the knowledge you are carrying. Then you have a right to protect yourself and your weapon right?

Shane

[casingpoint]

PC 46.035 makes it illegal to show your handgun unless the use of deadly force is justified.

All those fine deliberations aside, I have found that the mere suggestion you have a gun is enough to deter most people who are not hooched up on something. That's another thread. Displaying one has a very chilling effect on their intentions and behavior. You have to be first, and you have to mean it. If you've got them with dirty hands, what are they going to do, call the cops and say you brandished a gun? Not likely.

[Drewthetexan]

What about in the scenario of the O.P. The B.G. pushes The G.G extremely hard in the chest to where G.G.gets knocked back 2-3 steps and states "STOP!! I am in fear for my life and I have a gun.".......? No Brandishing involved. Then the Bad guy, leaves. OR What if the B.G, still persues you with the knowledge you are carrying. Then you have a right to protect yourself and your weapon right?

Shane

I don't think announcing you have a gun is wise. Anyone who is actually willing to assault you in a checkout line is not afraid to call your bluff.


Frankly, loud-mouthed buffoons are usually irritating but harmless when left alone. The few moments of putting up with their poor manners may well be worth avoiding all the headaches you could stir up by trying to correct a lifetime's worth of poor upbringing in a single moment. You might convince them to back off by suggesting you have some rank gas and they may not want to stand so close or something silly.

[joe817]

"get back! I've just had 4 bowls of 5-alarm chili! Run! Save yourselves!"

[C-dub]

Before you proceed to beat me to a pulp would you pull my finger?

[Judge]

What about in the scenario of the O.P. The B.G. pushes The G.G extremely hard in the chest to where G.G.gets knocked back 2-3 steps and states "STOP!! I am in fear for my life and I have a gun.".......? No Brandishing involved. Then the Bad guy, leaves. OR What if the B.G, still persues you with the knowledge you are carrying. Then you have a right to protect yourself and your weapon right?

Shane

I don't think announcing you have a gun is wise. Anyone who is actually willing to assault you in a checkout line is not afraid to call your bluff.


Frankly, loud-mouthed buffoons are usually irritating but harmless when left alone. The few moments of putting up with their poor manners may well be worth avoiding all the headaches you could stir up by trying to correct a lifetime's worth of poor upbringing in a single moment. You might convince them to back off by suggesting you have some rank gas and they may not want to stand so close or something silly.

It's better than Brandishing at first. You told him you have one, after being assaulted and he still continued at you. It would look better in front of the court.

Shane

[Jungle Work]

I never carry that I don't also carry OC.
Works wonders on aggressive folks who assault you.

Lots of "Wannabe" Lawyers here. If you're a lawyer and want to give legal opinions, belly up to the bar.
Other than that, I take a lot of what is said with a grain of salt.

Who decides what the law means? The Judge whose court you're sitting in.

Jungle Work