I don't agree with You or Kleenbore but I took the high road and decided not to engage in a squabble. Brandishing is not against the law, unnecessary brandishing or brandishing in the attempt to coerce or intimidate is but then again that also depends on the situation, then brandishing becomes presenting a weapon in it's lawful use. In my post I discussed hoping that that the intimidation factor would thus allow me to not have to actually shoot and I have brought this up with my friends by unloading the gun and asking them if they were more intimidated by this gun than a regular revolver or semiautomatic and the answer was unequivocal nor will I discuss legalities or safety as I have practiced both for decades and insofar as laws pertain every state has it's own understanding pertaining to things like presenting a weapon or concealed carry. As an example, in NM, the law was once unclear as to what concealed carry means but it was finally ruled that if any part of the weapon can be seen then it is no longer considered concealed so IWB is not considered concealed unless it is fully covered by something that completely conceals it such as a jacket or shirt, but to just tuck a 1911 in an IWB holster where the butt is unconcealed and can be clearly seen is no longer concealed and does not need a permit in NM. Basically, It is unlawful to endanger the safety of another by handling or using a firearm in a negligent manner, and, New Mexico has established the
Castle Doctrine on a limited basis. According to a 1946 state supreme court ruling in State v. Couch, “A person who is threatened with an attack need not retreat. In the exercise of his right of self-defense, he may
stand his ground and defend himself.” A defendant who kills another in self-defense while standing his or her ground must show that he or she (1) was placed in reasonable fear of immediate death or great bodily harm, (2)
used a reasonable amount of force to avoid the threat and (3) did not instigate the encounter. There is also no civil suit indemnity statute. Lastly, Brandishing is not defined by New Mexico law.
Brandishing is usually interpreted as drawing or pointing a firearm at another to intimidate or threaten with violence, outside of self-defense. Handling or using a firearm or other deadly weapon in a negligent manner is prohibited,
30-7-4(3). The assault statute ("threat or menacing conduct") could be applied depending on your behavior and the officer's discretion,
30-3-1. This generally would be more applicable when there was objective, disruptive behavior or reckless handling of a long-gun. Having gotten the legalities out of the way, let's discuss accuracy from my post, shooting a flat rock in the Arroyo behind my property I was quite accurate from an elevation of 6' and a distance of between 7-8 yards using 200gr cowboy loads, tomorrow I will shoot 410 and the Corbin to see if there is any distance but this gun is an arms length countermeasure and will do just fine. As for just two rounds, I can dissect that into different scenarios but I'm not going to walk down a dark alley but have been known to use Walmart at night, with cane and shopping bag in one hand I may find myself facing a crime of opportunity situation in my very safe town of 94,000 but with 94,000 people crime does happen and so what am I facing that gives me an edge, the answer is, IMO, any gun, even a 25acp will do the trick and I believe whether a 25 or a 45, an opportunistic criminal will just back off especially when confronted with 2 gaping 45 barrels pointed at him, there's your intimidation factor. In the event of a shooting God forbid, in cowboy territory, carrying a cowboy gun, what DA is going to be able to say rampage or rage? We have had a number of SD shootings in the last few years, not many really because even the criminals know that everyone here carry's, even the cops assume it and lawfully we don't have to notify anyone that we are carrying, legally or not, concealed or not, it is assumed. In Bernalillo county there was a dirty DA who tried to convict an old man of saving a woman being stabbed by her ex
Saturday, August 27, 2005
Wal-Mart Shooting First Under Permits
By Jeff Proctor
Journal Staff Writer
The shooting at a Southeast Albuquerque Wal-Mart was the state's first fatal shooting by someone with a concealed-carry gun permit, authorities said.
Joyce Cordova, 46, was working her job behind the deli counter at the Wal-Mart Supercenter, 301 San Mateo SE, when her ex-husband, Felix Vigil, 54, came across the counter and stabbed her multiple times, police say.
That's when Due Moore, 72— a volunteer with the Albuquerque Police Department cold case unit who has a concealed-carry permit— intervened and shot Vigil dead, police say.
Cordova was taken to University of New Mexico Hospital to be treated for stab wounds that police described as non-life-threatening. She was released from the hospital Friday, according to a spokeswoman.
Moore was detained briefly for questioning, but "it looks like the shooting was justified," APD spokeswoman Trish Hoffman said Friday.
It will be up to the District Attorney's Office, however, to decide whether Moore should be prosecuted, she said.
Cordova and Vigil were divorced last year, Hoffman said, and Cordova had a restraining order in place against her ex-husband.
"They've got a long history of domestic violence," she said.
New Mexico's concealed-carry gun permit law went into effect Jan. 1, 2004.
Moore's fatal shot was "the first that we know of" fired by someone with a concealed-carry permit, said Peter Olson, a spokesman for the state Department of Public Safety.
"There was one other incident where somebody with a permit fired into an occupied dwelling, but no one was hurt," he said.
Olson said 3,149 concealed-carry permits have been issued statewide.
Moore took a class to get his permit just 13 days after the law went into effect— on Jan. 14, 2004— said Cody Patton, a manager at Calibre's National Shooters Sports Center, the Northeast Albuquerque range where Moore was certified.
"He's a member here at our club," Patton said of Moore. "He was the fourth person ever to sign up for a permit. I've now done more than 300 of them."
Moore could not be reached for comment.
Patton said Moore practices at Calibre's frequently.
"I would say he's a good shot," Patton said.
He did not know what type of gun Moore was certified for his permit on.
Hoffman said Moore used some type of handgun in Thursday's shooting but did not release the specific model.
Patton said there has been a fair amount of interest in concealed-carry permits at his range— in particular during the first four months after the law passed.
"I was doing a class every week," he said. "Now I'm doing about two a month.
"There will be two in September, and let's just say that I haven't had any trouble filling those."
Moore was not brought up on charges due to public outcry and thank God K Brandenberg is no longer DA of Bernalillo County, she was the female version of Mike Nifong.
In Valencia and Sandoval counties, DA's have refused to bring charges against law abiding self defenders and after Brandenburg, Bernalillo county rarely does either.
For the argument of 2 just isn't enough, well, either my NAA or 340 are also on me but right now, I prefer, due to age and disability to count on the intimidation factor but my risk levels are very low and I take that into account as well. Too often people who have never been to combat zones or wore a uniform think they need a zillion rounds but in reality, a six shooter or small SA will do. Sure, I love my G48, it's really easy to carry and yes, I do carry 2 spare mags and my NAA, but once again, that's really the What-if factor and less so a real need.
BTW, I really dislike the way people dissect words and sentences and then argue separate points. I've been to court both as prosecution and defense and no one can stand up to that type of inquisition. I've had a case dismissed because even though I wrote in my report that the weather was clear and dry the defense attorney attacked me on this for 10 minutes because I didn't think it important to count how many clouds may have been in the distance. The court was unwilling to convict because the defendant was a highly regarded nurse in our community and she was just speeding.
Can't just walk into a gun shop and browse like a normal person, this belonged to the manager and he wore he it in the shop. He needed the money for a new project and I've been looking for a big hole poker at short range. People wonder what good is a 2 shot derringer but for up close and personal I feel like it's fine. Immediately took it out to my place and shot a rock (about a 10"x8") in the Arroyo from about 7 or 8 yards, I was up around 6 foot embankment and the shots were either hitting the rock or hitting just over/under it, for arms length SD I'm confident it'll do the job I intend for it.
