Namely, that if he has the ability and intent, I don't see that it would make sense to wait until he has the opportunity. Anybody else think that's a good/bad idea?
BAD idea. Joe Badguy has stated publicly that he wants and fully intends to kill you. He is armed with a butcher knife. He is 400 yards away (i.e. he has no opportunity). Are you justified in shooting him?
Say, my effective range is 25 meters (75 ft), I would say about half of that. (32.5 ft). IANAL, but to me, that seems reasonable.
When all three of these "attack potential" elements are in place simultaneously, then you are facing a reasonably perceived deadly threat that can justify an emergency deadly force response.
Its great that Indiana allows open carry. It needs to be exercised more to make sure we don't lose that right.
Recently I was at a local bar and saw someone brandishing their pistol on the hip. I thought to myself, 'Is that legal?'.
[SIZE=-1]Law is order, and good law is good order," Aristotle said. Without doubt, Florida's recently enacted "Castle Doctrine" law is good law, casting a common-sense light onto the debate over the right of self-defense. It reverses the pendulum that for too long has swung in the direction of protecting the rights of criminals over the rights of their victims. Despite predictable howling from the anti-gun media elite that Florida was taking an unprecedented and dangerous action, in truth it joined 24 other states that reject "duty-to-retreat" laws.[/SIZE]Have seen this a couple of places out on the web, thought I'd post 'em here and see what ya'll think. Not so sure about #4, but that's just me.
- Your concealed handgun is for protection of life only.
Draw it solely in preparation to protect yourself or an innocent third party from the wrongful and life-threatening criminal actions of another.
- Know exactly when you can use your gun.
A criminal adversary must have, or reasonably appear to have:
When all three of these "attack potential" elements are in place simultaneously, then you are facing a reasonably perceived deadly threat that can justify an emergency deadly force response.
- the ability to inflict serious bodily injury (he is armed or reasonably appears to be armed with a deadly weapon),
[*]the opportunity to inflict serious bodily harm (he is physically positioned to harm you with his weapon), and
[*]his intent (hostile actions or words) indicates that he means to place you in jeopardy -- to do you serious or fatal physical harm.
[*]If you can run away -- RUN!
Just because you’re armed doesn’t necessarily mean you must confront a bad guy at gunpoint. Develop your "situation awareness" skills so you can be alert to detect and avoid trouble altogether. Keep in mind that if you successfully evade a potential confrontation, the single negative consequence involved might be your bruised ego, which should heal with mature rationalization. But if you force a confrontation you risk the possibility of you or a family member being killed or suffering lifelong crippling/disfiguring physical injury, criminal liability and/or financial ruin from civil lawsuit. Flee if you can, fight only as a last resort.
[*]Display your gun, go to jail.
You should expect to be arrested by police at gunpoint, and be charged with a crime anytime your concealed handgun is seen by another citizen in public, regardless of how unintentional or innocent or justified the situation might seem. Choose a method of carry that keeps your gun reliably hidden from public view at all times.
You have no control over how a stranger will react to seeing (or learning about) your concealed handgun. He or she might become alarmed and report you to police as a "man or woman with a gun." Depending on his or her feelings about firearms, this person might be willing to maliciously embellish his or her story in attempt to have your gun seized by police or to get you arrested. An alarmed citizen who reports a "man with a gun" is going to be more credible to police than you when you're stopped because you match the suspect's description, and you're found to have a concealed handgun in your possession.
Before you deliberately expose your gun in public, ask yourself: "Is this worth going to jail for?" The only time this question should warrant a "yes" response is when an adversary has at least, both ability and intent, and is actively seeking the opportunity to do you great harm.
If, despite your best efforts to the contrary, you do get into some kind of heated dispute with another person while you’re armed, never mention, imply or exhibit your gun for the purpose of intimidation or one-upmanship. You’ll simply make a bad situation worse -- for yourself (see rule #4).
[*]Don't let your emotions get the best of you.
I didn't know that Indiana allowed open carry. Recently I was at a local bar and saw someone brandishing their pistol on the hip. I thought to myself, 'Is that legal?'.
Yes, as long as he's not drunk. And if it's on his hip, it's not "brandishing," which means to "wave menacingly or exhibit in an aggressive manner," per Webster's.
I think it's great to have legal protections to open carry, I just don't see it 99.99% of the time around here.
BAD idea. Joe Badguy has stated publicly that he wants and fully intends to kill you (intent). He is armed with a butcher knife (ability). He is 400 yards away. Does he have opportunity? Would you be justified in shooting him?
I was thinking more along the lines of him standing 30 feet away with a knife showing intent/ability. Would it be prudent to allow him the opportunity to come closer and stab me?
If he showed a gun tucked in his belt and said he was going to kill me, would it be better to give him the opportunity to remove said gun and point it in my direction before acting?
1.an appropriate or favorable time or occasion: Their meeting afforded an opportunity to exchange views. 2.a situation or condition favorable for attainment of a goal.3.a good position, chance, or prospect, as for advancement or success.