|
Post by Captj on Apr 11, 2024 15:55:46 GMT -5
Carried a 357 magnum for 12 years (worked in a very bad neighborhood) in a gun pouch. First off, everybody knew what was in the bag, and when unzippered was really convenient access. Had to pull it out a couple of times, but didn't need to use it as the potential perps saw what was happening and hauled ass rather quickly. Don't carry anymore as I don't feel the need to. Working in the ghetto teaches alertness. Brandishing is illegal. Where? In your mother country Russia?
|
|
|
Post by Captj on Apr 11, 2024 15:56:26 GMT -5
Unfortunately I was shot but even worse I had to shoot 3 people. There is no brandishing for me. As it comes out the trigger is being depressed. Shooting those people bothered me more than getting shot myself. Thank you!
|
|
|
Post by luapnor on Apr 11, 2024 22:29:55 GMT -5
|
|
|
Post by cadman on Apr 12, 2024 10:16:23 GMT -5
Who was brandishing? Nothing in Captj's statement said he exhibited the weapon in a rude, careless, angry, or threatening manner. Her said he sensed danger and let the offenders know he was prepared.
|
|
|
Post by luapnor on Apr 12, 2024 21:08:56 GMT -5
Who was brandishing? Nothing in Captj's statement said he exhibited the weapon in a rude, careless, angry, or threatening manner. Her said he sensed danger and let the offenders know he was prepared. Lol...
|
|
|
Post by cadman on Apr 13, 2024 5:48:45 GMT -5
Who was brandishing? Nothing in Captj's statement said he exhibited the weapon in a rude, careless, angry, or threatening manner. Her said he sensed danger and let the offenders know he was prepared. Lol... Back in 2011 there was a lady who fired a warning shot at her abusive husband. Because she didn't shoot the bastard, she could not use the "stand your ground" defense. She spent 6 years either in jail or under house arrest due to that. Legislators changed the law due to that incident to make it more difficult to convict someone under the statute you cite and not use "stand your ground" as a defense. It used to be the defendant had to prove they were in fear at the time. Now prosecutors have to prove they were not. If the defendant can affirm they were scared for their lives, that is sufficient defense unless the prosecution can provide evidence they were not. Other states will be different of course, but captj would have no problem in Florida. All he has to do is state the fact a gang was approaching and he felt in fear of his life and pulled his weapon as a defensive measure. In a bad neighborhood, I doubt any prosecutor could prove he was not.
|
|
|
Post by luapnor on Apr 13, 2024 6:04:13 GMT -5
Back in 2011 there was a lady who fired a warning shot at her abusive husband. Because she didn't shoot the bastard, she could not use the "stand your ground" defense. She spent 6 years either in jail or under house arrest due to that. Legislators changed the law due to that incident to make it more difficult to convict someone under the statute you cite and not use "stand your ground" as a defense. It used to be the defendant had to prove they were in fear at the time. Now prosecutors have to prove they were not. If the defendant can affirm they were scared for their lives, that is sufficient defense unless the prosecution can provide evidence they were not. Other states will be different of course, but captj would have no problem in Florida. All he has to do is state the fact a gang was approaching and he felt in fear of his life and pulled his weapon as a defensive measure. In a bad neighborhood, I doubt any prosecutor could prove he was not. If you are sufficiently fearful for your life, then you must shoot unless in the process of drawing they immediately retreat, but you can't intentionally expose the weapon as a simple threat when you aren't in fear for your life..that is brandishing (although they don't use that word). If you expose a weapon in a threatening manner because you think you might be in danger is sufficient grounds for the other party to actually kill you in self-defense. I would interpret an intentionally exposed gun as a threat and potentially respond accordingly. It's stupid to threaten someone.
|
|
|
Post by cadman on Apr 13, 2024 7:21:56 GMT -5
Back in 2011 there was a lady who fired a warning shot at her abusive husband. Because she didn't shoot the bastard, she could not use the "stand your ground" defense. She spent 6 years either in jail or under house arrest due to that. Legislators changed the law due to that incident to make it more difficult to convict someone under the statute you cite and not use "stand your ground" as a defense. It used to be the defendant had to prove they were in fear at the time. Now prosecutors have to prove they were not. If the defendant can affirm they were scared for their lives, that is sufficient defense unless the prosecution can provide evidence they were not. Other states will be different of course, but captj would have no problem in Florida. All he has to do is state the fact a gang was approaching and he felt in fear of his life and pulled his weapon as a defensive measure. In a bad neighborhood, I doubt any prosecutor could prove he was not. If you are sufficiently fearful for your life, then you must shoot unless in the process of drawing they immediately retreat, but you can't intentionally expose the weapon as a simple threat when you aren't in fear for your life..that is brandishing (although they don't use that word). If you expose a weapon in a threatening manner because you think you might be in danger is sufficient grounds for the other party to actually kill you in self-defense. I would interpret an intentionally exposed gun as a threat and potentially respond accordingly. It's stupid to threaten someone. In Florida you can since they changed the law due to the lady. You do not have to shoot the person. I remember the outrage when the lady got convicted and the legislators were not too happy and decided to fix that problem. All you have to do is affirm you were in fear of your life or great bodily harm, or it was in defense of someone who you thought was in danger of great bodily harm or of losing their life or the perpetrator was in the act of a forcible felony. In Captj's case he said the threat immediately retreated, therefore he had no reason to shoot. I would see it as he was in fear of great bodily harm and pulled the weapon as a defensive measure and the threat retreated. Since I was not present, unless the prosecution can provide evidence to the contrary, I would have to trust his word under Florida law. Been a few guys who got off using that defense since the law changed.
|
|
|
Post by Captj on Apr 15, 2024 5:03:13 GMT -5
Who was brandishing? Nothing in Captj's statement said he exhibited the weapon in a rude, careless, angry, or threatening manner. Her said he sensed danger and let the offenders know he was prepared. Lol... You can Lol all you want, but when staring down at imminent danger it's very real. And yes, I would have smoked all three of them had they not ran. Cops actually asked my why I wasn't strapped one night when answering a burglar alarm. Which happened on average once a week.
|
|
|
Post by illinoisfisherman on Apr 15, 2024 8:17:57 GMT -5
No brandishing no warning shots.
If the majority of folks carried crime would decrease. Criminals would be hesitant as they would not know who had a firearm as the odds would be that their intended victims would be armed.
|
|
|
Post by luapnor on Apr 15, 2024 10:43:05 GMT -5
You can Lol all you want, but when staring down at imminent danger it's very real. And yes, I would have smoked all three of them had they not ran. Cops actually asked my why I wasn't strapped one night when answering a burglar alarm. Which happened on average once a week. Its brandishing...
|
|
|
Post by meateater on Apr 15, 2024 11:36:48 GMT -5
Who was brandishing? Nothing in Captj's statement said he exhibited the weapon in a rude, careless, angry, or threatening manner. Her said he sensed danger and let the offenders know he was prepared. sounded to me like whenever he sensed darkness he whipped his gun out.
|
|
|
Post by luapnor on Apr 15, 2024 12:51:14 GMT -5
Who was brandishing? Nothing in Captj's statement said he exhibited the weapon in a rude, careless, angry, or threatening manner. Her said he sensed danger and let the offenders know he was prepared. sounded to me like whenever he sensed darkness he whipped in gun out. He is definitely afraid of the Dark.
|
|
|
Post by Captj on Apr 16, 2024 10:16:48 GMT -5
A lot of keyboard tough guys here. Have to wonder who the bleeding liberals really are.
|
|
|
Post by meateater on Apr 16, 2024 11:02:50 GMT -5
A lot of keyboard tough guys here. Have to wonder who the bleeding liberals really are. sorry white supremacists and black people arent on my better whip my gun out radar. actually its the everyday well off cracker driving like a aggressive retard around south florida , yes coral springs ,parkland, pompano,deerfield,boca. those people are probably armed and just waiting to road rage someone. i carry for them and helpless unarmed people. your welcome
|
|