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Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 7:57 pm
by Richbirdhunter
Jketchum wrote:Might be a dumb Question, but is raising your shirt reveling your holstered weapon to stop a threat / potential threat illegal?
I'm not sure, they stopped advancing and it deescalated the situation.

At that point I was scared, but was I justified?

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:03 pm
by imkopaka
Theoretically, if you didn't make any verbal threats and didn't remove the pistol from the holster, then you didn't threaten them. If your pistol was in a belt holster (regardless of IWB/OWB) then you didn't violate the rule against "intentionally revealing" your gun -- you just switched from concealed carry to open carry.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:05 pm
by imkopaka
As for justification, it seems you could have made a case for it. You were outnumbered by people who clearly wanted money and advanced toward you in a threatening manner despite your clear orders to stop. Attempted robbery would not be that difficult to justify.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:07 pm
by Richbirdhunter
imkopaka wrote:Theoretically, if you didn't make any verbal threats and didn't remove the pistol from the holster, then you didn't threaten them. If your pistol was in a belt holster (regardless of IWB/OWB) then you didn't violate the rule against "intentionally revealing" your gun -- you just switched from concealed carry to open carry.
Is raising my hand towards the 2nd guy and in a very authoritative voice saying STOP! A verbal threat ?

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:08 pm
by imkopaka
No. "Stop or I'll blow your brains out" would be a threat.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:09 pm
by Richbirdhunter
imkopaka wrote:As for justification, it seems you could have made a case for it. You were outnumbered by people who clearly wanted money and advanced toward you in a threatening manner despite your clear orders to stop. Attempted robbery would not be that difficult to justify.
When the second guy came out is when I felt I was losing control of the situation.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:09 pm
by Richbirdhunter
imkopaka wrote:No. "Stop or I'll blow your brains out" would be a threat.
I only said, stop.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:14 pm
by Jketchum
Richbirdhunter wrote:
imkopaka wrote:No. "Stop or I'll blow your brains out" would be a threat.
I only said, stop.
I think you did great

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:16 pm
by Richbirdhunter
Jketchum wrote:
Richbirdhunter wrote:
imkopaka wrote:No. "Stop or I'll blow your brains out" would be a threat.
I only said, stop.
I think you did great

Thank you, I thought about it for a few days before I posted.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:22 pm
by Ruark
The police believe the first person to call in.
True. The police assume the caller is being truthful, at least at first. If somebody calls and says "there's some nut in a red shirt down at Andy's parking on 12th and Crockett threatening people; he's got a gun under his shirt!" then that's what they'll look for when they arrive.

I probably would have "inserted" another step: holding up my palm and saying STOP. Then the next step, if they didn't stop, would be exposing my gun and repeating it.

Normally, if nothing happened, you wouldn't call the police. But if you had to display your gun in order to stop them, that elevated it to another level. It doesn't hurt anything just to file a report. But you'd have to be very careful to NOT make it look like you pulled a gun on somebody just for asking for money.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 8:23 pm
by Rokyudai
Jketchum wrote:Might be a dumb Question, but is raising your shirt reveling your holstered weapon to stop a threat / potential threat illegal?
Sounds like a clear case of 'suddenly remembering you didn't have to conceal anymore' and just exercising your right to OC to me!
;-)

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 9:27 pm
by SewTexas
Rich,

^ I like it you just OC'd.
I think you did just fine....with everything, from parking to dealing with potential criminals.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 9:42 pm
by Richbirdhunter
SewTexas wrote:Rich,

^ I like it you just OC'd.
I think you did just fine....with everything, from parking to dealing with potential criminals.

Thank you!

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 9:57 pm
by Jusme
Regardless of which parking place was occupied by the OP, he was approached by persons he believed to be a threat revealing the fact that he was,armed diffused a potentially dangerous situation. This is the very reason we,all obtained our LTC in the first place. No crime was committed, and people who may have seen an opportunity to victimize someone based on where they parked or the fact that that person was alone now will have to rethink their plan. I applaud the OP for using only the level of force necessary to extricate himself from a potentially dangerous situation.

Re: I had an uncomfortable situation last Saturday

Posted: Tue Feb 09, 2016 10:37 pm
by LabRat
Jusme wrote:Regardless of which parking place was occupied by the OP, he was approached by persons he believed to be a threat revealing the fact that he was,armed diffused a potentially dangerous situation. This is the very reason we,all obtained our LTC in the first place. No crime was committed, and people who may have seen an opportunity to victimize someone based on where they parked or the fact that that person was alone now will have to rethink their plan. I applaud the OP for using only the level of force necessary to extricate himself from a potentially dangerous situation.
I agree. The OP was out-numbered 2:1 and in a strange area. The persons advancing on him can close distance very, very quickly.
Potentially too quickly for him to respond with a defensive weapon of his own. He employed the threat of force in response to a perceived threat of force (advancing on him and refusing to respond to commands to stop). He did not employ more force than was required.

Other posters have suggested a call to the police is advised. Absolutely this is the correct path. First one to call the police is the victim. Even if you just reported the incident, it would be enough to have that as the foundation. Being the initial complainant causes all information to be viewed with that perspective, unless more credible information is discovered that contradicts the initial report. A report by the 2 men (called in after the OP had made his report) might be construed as a retaliation move, but would allow the police to connect them to the incident.

I think the OP did well, with the exception of not calling the police.

LabRat