I drew my weapon, was it the right thing to do

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  • XMil

    Shooter
    Rating - 0%
    0   0   0
    May 20, 2009
    1,521
    63
    Columbus
    Sounds like you did everything right to me. I personally would rather err on the side that keeps me alive and uninjured.

    It is a very similar situation to one of only 2 times in 20+ years I have unholstered with the idea that I might have to use it.
     

    Timjoebillybob

    Grandmaster
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    1   0   0
    Feb 27, 2009
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    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 35-41-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.

    I cut out the rest because he didn't use deadly force, the code that covers what he did is here. But the part I left is relevant because of the code.
    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.


    So let me get this right, You exit a store and three males approach you and/or your vehicle and you draw a weapon and point it? WOW!! Yes you did wrong. Matter of fact you broke the law and committed a crime based on the way you described the incident. Unbelievable!! In fear of serious bodily injury or death by a group of guys walking towards you is a stretch IMO. You might want to brush up on state law before you find yourself is some legal jeopardy.

    He didn't have to be in fear of serious bodily injury or death. All he needed is a reasonable belief that a unlawful use of force was imminent. Which I feel he had, 3 guys approaching quickly from opposite directions in a dark area, I'd feel the same.

    I don't think it crossed my mind because when i carry a gun i feel like i can protect myself and i really stand by the line "does not have the duty to retreat"

    Please don't take this the wrong way, I'm not trying to slam you. Just trying to give you something to think about.
    While you may not have a duty to retreat, sometimes its the best thing to do. I'm glad we don't have to retreat. But discretion is the better part of valor, he who fights and runs away lives to fight another day and don't go looking for trouble it just might find you and all that jazz. Depending on the circumstances, my home I'm not fleeing, my family on the line, I'll get them to flee if its safe while I stay behind and provide cover but if its safe to do so and it doesn't endanger other innocents I'm probably(again depending on circumstances) going to be out of there.

    ETA I almost forgot, in your OP I think you did good, and were legal while doing so but IANAL, TINLA, YMMV etc.
     

    melduagun

    Plinker
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    0   0   0
    Aug 3, 2009
    23
    1
    Is this a great site or is this a great sight! Only been a member for a couple of days but found therre is no site to compare it with. Now if I can learn to properly use it. You did the only thing that made sense in that situation. You also kept your cool which could be difficult in that situation. Keeping a cool head while wanting very much to panic in that situation is to be commended. been there.
     

    jason conley

    Sharpshooter
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    0   0   0
    Apr 11, 2009
    435
    16
    WEST SIDE OF INDY
    So let me get this right, You exit a store and three males approach you and/or your vehicle and you draw a weapon and point it? WOW!! Yes you did wrong. Matter of fact you broke the law and committed a crime based on the way you described the incident. Unbelievable!! In fear of serious bodily injury or death by a group of guys walking towards you is a stretch IMO. You might want to brush up on state law before you find yourself is some legal jeopardy.
    Better to be judged by 12 then carried by 6:ar15:
     

    melduagun

    Plinker
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    0   0   0
    Aug 3, 2009
    23
    1
    Answer to " going to be out of there". You have not assessed the situation correctly as stated by the possible victim. Read his account and re-assess. Pay close attention to where each individual was located at the time of brandishing the weapon! Did the gentleman have time to get his keys out of his pocket and then start the car, put the car in gear, look around to make sure he was not going to run someone over before leaving. If he had done all those things? where would the possible perps have been by that time? Then at that time is when he would have found out if they meant him harm or not. that decision was taken out of their hands by his actions. Better to be wrong and have to defend your decision than dead with no defense.
     

    Turn Key

    Master
    Rating - 100%
    9   0   0
    Feb 1, 2009
    1,744
    38
    Indianapolis
    Is this a great site or is this a great sight! Only been a member for a couple of days but found therre is no site to compare it with. Now if I can learn to properly use it. You did the only thing that made sense in that situation. You also kept your cool which could be difficult in that situation. Keeping a cool head while wanting very much to panic in that situation is to be commended. been there.

    Welcome to INGO bro! :)

    Back to the original post the following piece of wisdom came to mind, "Conduct every traffic stop extending the olive branch of peace, while having a tactical plan to kill everyone inside the vehicle."
    ~ (LE Academy)


    Keeping the positive state of mind to react to any possibly threatening situation with deadly force is what self defense is all about. Whether you use a pen into the BG's ears or a Desert Eagle to shoot them to the ground, IMO I'm still the one above ground after the fight. :twocents:


    TK






     

    jason conley

    Sharpshooter
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    0   0   0
    Apr 11, 2009
    435
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    WEST SIDE OF INDY
    I drew a gun on a would be robber at lafayette square mall. You can draw a gun and not shoot so many say if my gun is coming out it is shooting but I didn't and the problem ended peacefully. Like I said earlier better to be judged by 12 than carried by 6.
     

    bdj357

    Sharpshooter
    Rating - 100%
    17   0   0
    Jun 13, 2008
    738
    43
    DaRegion NWI Crown Point
    I find it hard to believe that people are dwelling on every word chubbs wrote. Did he feel threatened? Was was the appearance or mannerisms of the individuals. Mexican, black, green or orange, if they created a situation that put anothers safety in fear you have the right to react. I do agree that one should be versed in the law. And remember, you can always be charged, even though you are not guilty.
    I think that I would have done the same.
    Then again, maybe they thought the gun carrying Gringo just robbed the store! LOL
     

    Tommy2Tone

    Expert
    Rating - 100%
    14   0   0
    Sep 3, 2008
    776
    16
    Fishers, IN
    Please don't take this the wrong way, I'm not trying to slam you. Just trying to give you something to think about.
    While you may not have a duty to retreat, sometimes its the best thing to do. I'm glad we don't have to retreat. But discretion is the better part of valor, he who fights and runs away lives to fight another day and don't go looking for trouble it just might find you and all that jazz. Depending on the circumstances, my home I'm not fleeing, my family on the line, I'll get them to flee if its safe while I stay behind and provide cover but if its safe to do so and it doesn't endanger other innocents I'm probably(again depending on circumstances) going to be out of there.

    As i said in my post i think that going into the store may have been the best option, but it wasn't the first thing to cross my mind. This is something that WILL cross my mind now, thanks to chubbs.
     

    Phil502

    Master
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    6   0   0
    Sep 4, 2008
    3,018
    63
    NW Indiana
    I would have done the same thing. Generally a guy knows not to run up on a person and 3 guys, come on, that is threatening, even if they were not going to attack you, they came across in a manner that they were about to and they probably knew it. They might have wanted to intimidate you into giving them a beer or some money or going into the store to get them some booze or they might have wanted to bash your head in if they had to just for your car. Who knows? Glad you did not find out for sure.
     

    Cygnus

    Master
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    0   0   0
    Apr 24, 2009
    3,835
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    New England
    I think you did right. You were protecting your beer and you felt threatened. When they come from behind a dumpster and from two different directions, that's unusual, and likely planned. Were they going to rob you, we will never know.

    It's also a possibility that they were illegal immigrants and without proper identification, and were going to try and get you to purchase some beer for them.


    I like how you summed that up pretty much my view too.

    I am leaning towards some scared :poop:-less underage or no ID having achohol seekers.

    That would prompt a "wrong you" out of me if I was only seeking alchohol.

    Their appraoch was definately suspect.

    I can't be 100% sure but I'd say reasonable draw and good moves by all after that. And I think they wanted liquior or money for liquior. Maybe wanted to scare a "donation" out of the OP. They would have had weapons displayed if they had them when they were actually touching the car:twocents:
     

    Cavman

    Master
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    5   0   0
    Mar 2, 2009
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    GREAT JOB! and if the mexicans where up to no harm. maybe they should learn english to let there intentions known better.
     

    GIJEW

    Master
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    8   0   0
    Mar 14, 2009
    2,716
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    GOOD JOB, 'CHUBBS'! As an open question to other readers, I'm abivalent about calling the police in a case like this. On the one hand if YOU call, you establish yourself as the "victim"; but you also set yourself up for the assailants claiming some BS (after throwing their shank in the bushes) like "I just wanted to bum a smoke, and he threw heat down on me--he's CRAZY!"
     

    cosermann

    Grandmaster
    Rating - 100%
    14   0   0
    Aug 15, 2008
    8,392
    113
    How about a different perspective here, like what might one do differently in the future? A couple of suggestions:

    1. Don't carry "stuff" in the same pocket as your gun if you pocket carry. Bad idea for a lot of reasons if you think about it. I'd suggest re-assessing your carry system and tweaking it a bit.

    2. Roll up your vehicle windows (and lock it) every time you exit. There are a few reasons for this:

    a) people can take stuff (i.e. theft, obvious),
    b) people can put things IN (like dumping drugs, stolen items, etc. a lot of folks don't think of this one. "Honestly, officer, it's not mine, I don't know how it got in here."),
    c) your car can afford some, at least temporary, protection, but only if the envelope is secure, i.e. windows are rolled up. My windows are virtually never down for this reason.

    Just a few suggestions. Glad it worked out well for you!
     
    Last edited:

    kyle1058

    Marksman
    Rating - 100%
    1   0   0
    Jun 6, 2009
    214
    16
    Noble County
    Spanish for wrong is "incorrecto".. and they typically reverse the noun and the adjective, so its possible they were trying to say "You're wrong", in my eyes that's them saying "You don't/shouldn't have a gun" etc... Obviously surprised them!

    x2 on keeping the windows rolled up and car locked, i always have my car locked, with the alarm/anti-theft on, and the windows rolled up when I am not in it.
     
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