I see what you mean there...But I believe it would be difficult to determine the totality of circumstances in the heat of the moment...CHL/LEO wrote:Depends upon the totality of the circumstances
But it is something to seriously consider if you are able to do so...
Thats a test I would not like to take...Lets say I did, and leave it at that, K?I have been sprayed numerous times by OC spray. There was the obligatory certification spraying where you are blasted directly in the face and then must draw your weapon and arrest your suspect while holding your eye open with your weak hand.

Guess who would be buying lunch for a while in that case!Then there have been the times when we were fighting with suspects we were attempting to arrest and everyone is rolling around on the ground. A responding officers decides to spray the suspect and ends up hitting everyone involved. It seems to always happen just about the time we've finally gotten the suspect's hands under control and have one cuff on - then all heck breaks loose.
Exactly! And given that side note, you betcha you better determine that before ever considering discharging your weapon...This was another thing I was getting at...That being said it would down to whether or not an officer was in fear of his life by being sprayed with OC. If the suspect sprayed you and then ran away you wouldn't have a reason to use deadly force.
And in a scuffle, that would be the only time someone could find out you have a weapon on you...If they made moves for it, then that immediately, in my opinion, escalates to an immediate determination that sufficient force is needed to keep the unauthorized use of that weapon from happening...Now if they sprayed you, and then starting fighting with you, the LEO would have no problem in articulating how they had to use deadly force because they were afraid that the suspect would gain control of their weapon and use it on them or other bystanders. Again, you always have to weigh in the totality of the circumstances and then be able to properly articulate why you took the action you did.
Yep!One of my CHL instructors told our class that once they display OR inform someone that they have a handgun, if that person then makes an attempt to disarm them or even tells them that he is going to take their gun away from them and then moves toward them, they have the right to use deadly force. I'm guessing that if they knew you had a gun, and then sprayed you anyway, the circumstances would be pretty to similar to what I outlined above regarding a LEO.
But none of my instructors have ever told me that...It would make for an interesting discussion though...