Posted by Guillermo: 1st amendment and the fact that any reasonable person understands that people have the right to talk to one another.
That does not give me the right to tell anyone to do anything.
I does not give anyone reason to believe that I do have that right; and there is no assurance that he is "reasonable."
I do not assume that everyone will react violently to being talked to. Guess I am not that paranoid.
Good. But you have to realize that there is some likelihood, that the potential consequences could be severe, and that the pattern of behavior at hand could be a good indicator of the risk involved.
...I will not react violently unless I am threatened (or those with me threatened, property attempted to be stolen...etc). If this happens I have attempted to prepare for such a scenario with legal coverage. Plus, I live in a state where the self defense laws are pretty reasonable.
The problem lies in what evidence will be produced after the fact.
You suggest a scenario in which you start a conversation, and suggest that if things go south, you will defend yourself.
The problem is, there is a high likelihood that only your account will describe the events that way. That won't get you very far at all.
The other fellow and his friends will certainly tell a different story. Witnesses whose attention had been drawn to the situation only after it started to unfold will likely remember and describe your drawing pointing your firearm, normally an unlawful act, without any apparent reason. Others who had not been paying close attention before things went south will remember your setting forth to talk to the person whom you think to have wronged your sensibilities, but it is extremely unlikely they will be able to substantiate your account of not having instigated a confrontation yourself.
These witnesses will earnestly and truly believe that you were the instigator, and it is extremely likely that they will convince investigators, a grand jury, and a trial jury likewise.
And you could have avoided it all very simply at the outset.by walking away
For a really excellent lecture on witness psychology, replete with actual examples, I
strongly suggest attending Mas Ayoob's MAG-20.
BTW, from time to time we see accounts here of persons who went forth to confront or discuss something with someone, having armed themselves "just in case", when things did become violent, and when their self defense cases are not sustained or mad very costly simply because they could have avoided the whole thing from the outset, in Indiana, Texas, Oklahoma....
But the guy with the blaring music or the "movie line scenario" that I described should be addressed or we allow society to decent to its least common denominator.
I cannot disagree, but I suggest that contacting the movie manager or those who are employed, trained, equipped, indemnified, and lawfully empoewered to enforce the municipal ordinance would be a much wiser strategy.
Remember, the first letter in ADEE stands for
avoid.