Thomas Mayberry
Member
- Joined
- Jul 28, 2018
- Messages
- 298
Several years ago in a Tulsa OK motel parking lot, 6 AM and I am loading suitcases. I was approached by a large man in what looked like clothes he had slept in for many nights. Just starting to get light. He ask for money as he walked briskly toward me. I put my hand in my pocket and found the grip of my J frame Smith & Wesson.
Very comforting, and I told this guy “I got nothing for you”. He must have made a good guess because he immediately turned and walked away. Glad I didn’t have to make a life and death decision (his, not mine).
Witnesses might well have called the police under such circumstances. A more serious risk, I think, is that the other man or else may have reacted with violence, with a basis for claiming self defense or the lawful defense of others.
Touching your firearm, or otherwise indicating that you have one, without legal justification for using or threatening the use of deadly force could constitute assault or aggravated assault.
Justification varies from one jurisdiction to another. In most places, the defender would have to have reason to believe that it was immediately necessary fo defend against an imminent threat of death or serious bodily harm.
That may come as a surprise to you, but that is the way it is. Read the posts linked in my post above.
Don't do it.
No.
Retired officers do not make charging decisions unless they have taken a job in which they have that authority.
Go back an re-read Joe Henry's post but I'll sum it up for what the panhandler and witness would have seen. One man approaches another asking for money, the other man places his hand in his pocket and says I've got nothing for you". The panhandler leaves. Who was threatened? No one. Who saw an offensive act? No one. As in your post, he did not indicate to anyone present that he had a firearm.
You are correct in that retired officers don't make charging decisions (BTW, I know that) but I base my response on three decades of experience in law enforcement.