By J. Kb

14 thoughts on “It may not have been 100% legal but it worked”
  1. Based on the video, I’d say he never actually brandished his weapon. It appears to have remained holstered the entire time.

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    1. That is going to depend on the state. Florida does not have brandishing, but his move could be interpreted as threatening and this Assault with Deadly Weapon.

      1. The license plates on the vehicles looked like either Oklahoma or (possibly) Rhode Island. I don’t know what the brandishing laws are in either state, though.

      2. Well, in the old guy’s defense, he was being threatened with great bodily harm.

        I’ve seen car doors used to break limbs before. Seen it happen.

        Assault is assault and should be treated as such.

  2. Tough call on that one. Some jurisdictions will consider placing the hand on the firearm the equivalent of drawing and aiming. Others will not. I live in a very gun friendly state/city, and per the law, there is no difference between placing your hand on the gun, and pulling it. The intent is assumed. Now, that does not mean you will get prosecuted, as there are extenuating circumstances involved.a

    Had he of just gotten out of the car, with the pistol exposed on his hip, it would have had the same effect.

    All depends.

    There is also the fact that the threat was over, the potential assailant was departing the scene. Exiting the vehicle could be considered taking an active participation in the fight, not just a defensive one. Could lead to a brandishing charge.

    There are things we do not know here.

    1. It’s a matter of fact for the ladies and gentlemen of the jury to decide, rather than a matter of law. Assuming the testimony of any witnesses for the defense and for the prosecution comes out in a wash (“He done did it!” “He ain’t done nuffin!”) then based on the video if I were a juror, I’d have to conclude he wasn’t doing anything criminal.

      But, obviously, we don’t have full context for the events of this clip.

      (And I think existing the vehicle was dumb and chasing him down the road was dumber, but I don’t think that they deserve criminal penalties.)

      1. “…but I don’t think that they deserve criminal penalties.”

        Could not agree more. However, the caution is “be aware of the laws in your state/municipality.”

        Had this escalated to a hot fight of any kind, getting out of the car, and walking toward the other person would almost certainly ruin any kind of self defense claim. Again, varies by state, etc.. I know, from the local DA’s office, the moment I become an active participant in the fight, I make it damned near impossible to claim self defense.

        Just take the punch, you are OK. Put up your arms to block, still good. Push the assailant away… maybe, it all depends on intent, but generally, you are still good claiming a justifiable use of deadly force.

        Pursue the attacker after the attack has ended… Nope. Had this escalated into a firefight after you had the opportunity to leave the scene without danger, you are no longer in a self defense situation.

        That does not mean charges are warranted in any when there is no resulting fight, but an overeager DA might want to gain a few stripes by nailing you to the wall. Caution is the name of the game. Keep your cool, and turn your violence switch fully off as soon as the threat retreats.

  3. In Texas, I could legally shoot his ass when he started in on my door. It’s happened before, it’ll happen again, no prosecutions that I’m aware of.

    1. In Missouri, the same applies as a person in their car is regarded, by law, as if they were in their home.

  4. Any longer videos? I’m wondering the irony of the attacker coming from the car immediately behind with the peace symbol on the back…

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