Spreadfire Arms
Member
- Joined
- Feb 23, 2005
- Messages
- 1,312
i think the thing you need to remember, as far as a legal standard in all 50 states, is always going to be: "Were you in fear for your life?" if you can honestly say that you were in IMMINENT fear for your life, then yes, you can use deadly force. of course, remember the grand jury or D.A. also has to agree with you given the same set of circumstances that you were put in.
ill give you a recent incident while i was in CA last week, and yes i was carrying. i was at a gas station in Fremont off of I-680 in the Bay Area pumping gas. that always is a vulnerable area because the damn pump is in your car and the BG knows you can't go anywhere. i was also talking on my cellphone but still vigilant and had my back to the gas pump.
anyway a see a lowlife 18 year old kid hanging around the gas station with no apparent business. he is doing the "crook walk", walking around in circles with no apparent destination. almost like an animal looking for prey. there is another guy in a Jeep closer to him pumping gas. he goes up to the guy in the Jeep and asks him something. that guy was also eye-f*cking this kid so no dice. kid then sees me eye-f*cking him hard. let him know you're looking at him. he started approaching me and the only stupid thing he could say was, "Can I borrow your cellphone?" ***. im talking on it and even if i wasnt why would i give a stranger my cellphone? idiot. i told him very sternly, "NO. I HAVE NOTHING FOR YOU." i was between my car and the gas pump and he could not see my right hand, which was already clearing my jacket to expose my Glock 31C. personally i would have had no problem drawing down on this guy, proning him out in the middle of the lot, and driving off, had he come any closer since i already told him that i had nothing for him, so he really had no reason to further approach me. if you break down the circumstances:
1. person with no apparent business loitering around a gas station at night (around 9 pm)
2. person having no rational behavior, just walking in circles
3. person approaching and asking something out of the ordinary (asking to use my cellphone while i am using it - not a rational thing to ask. also the business is open and there are pay phones visible).
4. already told the person NO and that i had nothing for him
if this person continued to advance i think i could articulate that i felt he was up to no good and at that point i'd assume he was about to commit a robbery or carjacking. i think at that point i could justifiably exhibit a firearm in self-defense since a rational person would probably believe that he was up to no good.
i am glad that he just walked away and continued to dog me from afar. i was driving my relatives' 2006 Toyota Camry (loaded out) and i figured he was probably considering taking the car. he wasn't a big guy so i dont think he was looking for a fight, but was looking to take something. he did look at the car several times too. maybe he was just waiting for me to fill up the tank before he tried to take the car...who knows. and i was about 100 feet from an interstate on-ramp.
this is a different scenario, but i think i would be able to articulate that i was justified under CA Penal Code (417) to brandish if the BG continued his advance.
ill give you a recent incident while i was in CA last week, and yes i was carrying. i was at a gas station in Fremont off of I-680 in the Bay Area pumping gas. that always is a vulnerable area because the damn pump is in your car and the BG knows you can't go anywhere. i was also talking on my cellphone but still vigilant and had my back to the gas pump.
anyway a see a lowlife 18 year old kid hanging around the gas station with no apparent business. he is doing the "crook walk", walking around in circles with no apparent destination. almost like an animal looking for prey. there is another guy in a Jeep closer to him pumping gas. he goes up to the guy in the Jeep and asks him something. that guy was also eye-f*cking this kid so no dice. kid then sees me eye-f*cking him hard. let him know you're looking at him. he started approaching me and the only stupid thing he could say was, "Can I borrow your cellphone?" ***. im talking on it and even if i wasnt why would i give a stranger my cellphone? idiot. i told him very sternly, "NO. I HAVE NOTHING FOR YOU." i was between my car and the gas pump and he could not see my right hand, which was already clearing my jacket to expose my Glock 31C. personally i would have had no problem drawing down on this guy, proning him out in the middle of the lot, and driving off, had he come any closer since i already told him that i had nothing for him, so he really had no reason to further approach me. if you break down the circumstances:
1. person with no apparent business loitering around a gas station at night (around 9 pm)
2. person having no rational behavior, just walking in circles
3. person approaching and asking something out of the ordinary (asking to use my cellphone while i am using it - not a rational thing to ask. also the business is open and there are pay phones visible).
4. already told the person NO and that i had nothing for him
if this person continued to advance i think i could articulate that i felt he was up to no good and at that point i'd assume he was about to commit a robbery or carjacking. i think at that point i could justifiably exhibit a firearm in self-defense since a rational person would probably believe that he was up to no good.
i am glad that he just walked away and continued to dog me from afar. i was driving my relatives' 2006 Toyota Camry (loaded out) and i figured he was probably considering taking the car. he wasn't a big guy so i dont think he was looking for a fight, but was looking to take something. he did look at the car several times too. maybe he was just waiting for me to fill up the tank before he tried to take the car...who knows. and i was about 100 feet from an interstate on-ramp.
this is a different scenario, but i think i would be able to articulate that i was justified under CA Penal Code (417) to brandish if the BG continued his advance.