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  • djkbmwguy

    Marksman
    Rating - 0%
    0   0   0
    Jan 14, 2013
    197
    16
    I read a post tonight about an over excited gun carrier who made a poor decision at walmart and shot a few cars and endangered the lives of some innocent people. It reminds me of so many hunter stories where a person gets overly excited about a buck and starts blasting away without ever getting a good shot at the deer. Or even worse the hunter who hears a noise and starts shooting in the direction of the noise because they just know it is a deer.
    I know there are many on this site that have carried for along time and use their heads when situations arise. Not every situation calls for someone to pull their gun, in fact very very few call for a person to pull their gun in self defense. I do not think a shoplifter who is running out of a store and is not threatening violence calls for a weapon to be unholstered.
    I would like to hear some of your wise knowledge based on your actual experiences as to when you were able to walk away and not pull your weapon and those who had no choice but to pull a weapon. Please share your knowledge.
     

    brian.derby

    Plinker
    Rating - 0%
    0   0   0
    Aug 4, 2012
    132
    16
    Indianapolis, IN
    I read a post tonight about an over excited gun carrier who made a poor decision at walmart and shot a few cars and endangered the lives of some innocent people. It reminds me of so many hunter stories where a person gets overly excited about a buck and starts blasting away without ever getting a good shot at the deer. Or even worse the hunter who hears a noise and starts shooting in the direction of the noise because they just know it is a deer.
    I know there are many on this site that have carried for along time and use their heads when situations arise. Not every situation calls for someone to pull their gun, in fact very very few call for a person to pull their gun in self defense. I do not think a shoplifter who is running out of a store and is not threatening violence calls for a weapon to be unholstered.
    I would like to hear some of your wise knowledge based on your actual experiences as to when you were able to walk away and not pull your weapon and those who had no choice but to pull a weapon. Please share your knowledge.

    Only two times have I drew down on someone, (other than military duty,) and both were road rage incidents. Neither time were shots fired, and both road ragers suddenly decided they had picked the wrong vehicle to try and play with.

    If violence is not threatened, then no weapon should be pulled. A shoplifter running warrants no more than being a great witness. Get a description, vehicle and plate, direction of travel. DO NOT FOLLOW.

    If you should find yourself in a situation where you have your weapon on someone, you had better be prepared to fire and KNOW you are in the right. The aftermath of a shooting is devastating, even if it is justified.
     

    jwh20

    Master
    Rating - 100%
    28   0   0
    Feb 22, 2013
    2,069
    48
    Hamilton County Indi
    I do not think a shoplifter who is running out of a store and is not threatening violence calls for a weapon to be unholstered.

    Indeed, in fact if you were to do that you should (and probably would) be arrested and charged with brandishing a firearm. I can't imagine that anyone would buy the "I feared for my life" argument in this scenario.
     

    Spucky138

    Plinker
    Rating - 0%
    0   0   0
    Jul 23, 2012
    43
    6
    Fort Wayne
    I take issue with this article refering to the idiot with the gun as a "responsible gun owner". The author of this article used that frase a lot to try and make it look like this is what happens when civilians own guns. Stuff like this just makes me angry:xmad:
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
    48
    Indeed, in fact if you were to do that you should (and probably would) be arrested and charged with brandishing a firearm. I can't imagine that anyone would buy the "I feared for my life" argument in this scenario.

    There is no such thing as a brandishing charge in Indiana.
     

    jwh20

    Master
    Rating - 100%
    28   0   0
    Feb 22, 2013
    2,069
    48
    Hamilton County Indi
    >There is no such thing as a brandishing charge in Indiana.

    Ok, I am ready to stand corrected. But what would it be? I can't just go about drawing my firearm in Indiana, can I?
     

    jwh20

    Master
    Rating - 100%
    28   0   0
    Feb 22, 2013
    2,069
    48
    Hamilton County Indi
    There is no such thing as a brandishing charge in Indiana.

    I believe this is the relevant Indiana statute for what I would call "brandishing":

    IC 35-47-4-3
    Pointing firearm at another person
    Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
    (1) IC 35-41-3-2; or
    (2) IC 35-41-3-3.
    (b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.

    The correct term here is "Violation of IC 35-47-4-3, Pointing firearm at another person."

    If you draw your weapon (and point it) you are guilty of (b). But you can defend yourself using the exception in (a), "a person who is justified in using reasonable force."

    It would be VERY difficult indeed to claim that you are justified in using LETHAL force against an unarmed shoplifter who you just happened to encounter at Wal-Mart. Another issue for this guy is that his story better match the video from the parking lot. Every Wal-Mart that I've been to has more cameras than a bank.
     
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