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9/19/2017 7:27:10 PM
Posted: 3/13/2006 6:18:32 AM EDT

In most states, I think, if someone bad is coming torwards you, and you draw your weapon, you have to say/yell "stop I have a gun".

I seem to have larengitis or some darn congestion thing. I can't speak above a light whisper right now.

I wonder how well that would go over in court if somthing happened.
Link Posted: 3/13/2006 6:20:08 AM EDT
I'd say pointing a gun at someone is a pretty big STOP
Link Posted: 3/13/2006 6:23:16 AM EDT

Originally Posted By fight4yourrights:
I'd say pointing a gun at someone is a pretty big STOP



I would say so too.
Link Posted: 3/13/2006 6:24:44 AM EDT

Originally Posted By mjohn3006:
In most states, I think, if someone bad is coming torwards you, and you draw your weapon, you have to say/yell "stop I have a gun".



Really? Not so in TX
Link Posted: 3/13/2006 6:26:14 AM EDT

Originally Posted By mjohn3006:
In most states, I think, if someone bad is coming torwards you, and you draw your weapon, you have to say/yell "stop I have a gun".

I seem to have larengitis or some darn congestion thing. I can't speak above a light whisper right now.

I wonder how well that would go over in court if somthing happened.



I'm not aware of any "stop I have a gun" clause in any stautes covering justified use of deadly force. It's a last ditch deescalation attempt, not a legal requirement.
Link Posted: 3/13/2006 6:29:54 AM EDT
Maybe you should learn that phrase in sign language and Spanish and Ghetto slang. Just to have all your bases covered.
Link Posted: 3/13/2006 6:30:25 AM EDT
If the perp doesn't live who's gonna know what you said? You could always tell the responding officers you yelled so loud, you stripped your voicebox!
Link Posted: 3/13/2006 6:35:43 AM EDT
Draw and fire two at center-mass.

No warning.

Missouri CCW holder PITSNIPE
Link Posted: 3/13/2006 6:35:46 AM EDT

Originally Posted By 1979:
Maybe you should learn that phrase in sign language and Spanish and Ghetto slang. Just to have all your bases covered.



Yo! Shiznitz heah!
Link Posted: 3/13/2006 6:36:52 AM EDT

Originally Posted By GUNGUY1911:
If the perp doesn't live who's gonna know what you said? You could always tell the responding officers you yelled so loud, you stripped your voicebox!



excelent point!


Maybe It was just somthing I have always been told you are supposed to do, and not really a legal requirnent.
Link Posted: 3/13/2006 6:48:17 AM EDT
Actually, it is a very iffy situation. If you are FOUND in reasonable apprehension where use of deadly force was nec or looked nec to a reasonable man in your place you are OK. On the other hand, if you are found drawing it where Deadly force is not nec your ass might be in a sling and you are considered the escalator. SUBJECTIVE factors like body size and environment, wind velocity (and anything else to second guess you) will come into play. Yes, most might say better 12 than 6, but be aware of the way the law works and be DAMN SURE Deadly force is nec. Otherwise, leave it in the holster and and do your damndest to leave the situation.
Link Posted: 3/13/2006 6:52:00 AM EDT
1 Draw Down
2 Double Tap
3 Yell stop or I will shoot

Or something like that. I always get number 2 and 3 mixed up.
Link Posted: 3/13/2006 6:52:55 AM EDT
I can't speak for other states, but here in MN there is no requirement to issue a verbal challenge. It is recommended as it can be beneficial in court - particularly if there are witnesses.

I tell my students to yell, as loud as they can : STOP! DON'T HURT ME! LEAVE ME ALONE!

I also recommend that your carry gun, while it needs to be concealable, be highly visible when you draw it - I recommend stainless guns. Many times a bad guy will advance on a drawn gun simply because he does not see it (another reason why I recommend using a shotgun for home defense, and I teach LEO's to go for the shotgun immediately if the situation warrants).

This is one practical use for a laser sight - I don't put much stock in them as an aiming tool, but as an intimidation tool, they are great.
Link Posted: 3/13/2006 6:57:30 AM EDT
No requirement in OK to give a warning.

If your life is in imminent danger, 1) draw your weapon and 2) fire*. Plain and simple.



*Repeat as necessary.
Link Posted: 3/13/2006 7:05:32 AM EDT

Originally Posted By JustinOK34:
No requirement in OK to give a warning.

If your life is in imminent danger, 1) draw your weapon and 2) fire*. Plain and simple.



*Repeat as necessary.




Agreed. Let me clarify from what I mentioned earlier. If you have a situation where deadly force is necessary there is no state I can think of where a verbal challenge is necessary. If deadly force is justified you are within your right to defend yourself. If you are in a position where deadly force is not nec or iffy and you bring it out, you might be deep shit after the fact.
Link Posted: 3/13/2006 7:48:03 AM EDT
Ohio has no explicit verbal requirement, but it can't hurt. We do have a duty to retreat in public. What this means, is that if simply leaving or voicing your intention to leave does not stop the attack, then you may be justified in using lethal force to stop the attack. It does NOT mean that you must retreat in every circumstance, without question. There are times when this is simply not possible. Basically, you have to convince a judge or jury that retreating wasn't a reasonable option.

Really, in most states I think most technicalities can be ignored, as long as you remember this: Shooting someone is a LAST RESORT, used when there are no other options, and it becomes abundantly clear that it's the ONLY way to avoid being SERIOUSLY injured or killed. If shooting someone was HONESTLY your last resort - no other options - then who cares what the law is? We're talking about your life. The risk of a criminal or civil trial outcome means nothing, if your other alternative was death or serious bodily injury. If you think about it, every state's requirements are likely to be met if you consider what "absolute last resort" means (leaving, voicing the intention to leave, attempt to resolve conflict by non lethal means, not being the agressor who caused the attack, etc).

So in your scanario, let's say that your state had a requirement to issue a verbal command to stop, but you've lost your voice. Shooting the attacker was THE ONLY WAY (and that means honestly, no bullshit) to stop the threat to your life. Would you really care about the verbal requirement? Do you really think you'd be convicted? Would you have rather died (last resort, remember)?
Link Posted: 3/13/2006 7:53:52 AM EDT
It's scenario.
Link Posted: 3/13/2006 7:55:27 AM EDT
[Last Edit: 3/13/2006 7:57:16 AM EDT by John_Wayne777]

Originally Posted By mjohn3006:
In most states, I think, if someone bad is coming torwards you, and you draw your weapon, you have to say/yell "stop I have a gun".



What states would those be??

I am unaware of statutes that require you to warn someone trying to hurt you that you have a weapon.

A verbal warning is usually employed to try and convince a bad guy to go away.

If you want to scare the bad guy with sound, let it be with the sound of your weapon firing, or the sound of a bullet impacting his bones. That usually does the trick.
Link Posted: 3/13/2006 8:01:49 AM EDT

Originally Posted By fight4yourrights:
I'd say pointing a gun at someone is a pretty big STOP




That didn't work in East Baton Rouge. In fact, one shot by a LEO and four shots by a passerby wasn't enough. Took one last shot to the head to stop the bad guy.

I was taught that if you draw your weapon, someone will get shot. Drawing shouldn't be a deterrent.
Link Posted: 3/13/2006 8:11:10 AM EDT
I was taught in a fighting pistol course to yell "Stop!" during the draw, but that more to reset your attackers OODA loop than for any legal reason.
Link Posted: 3/13/2006 8:28:04 AM EDT
Should the occasion ever arrise, I'm gonna do my best to not have to kill somebody. If yelling, gargling, yodeling, or waving my weiner at them would serve to descalate the situation....I'll be doing it....right up to the point that there is NO other soultion.

I realize time is a critical factor. I also realize that yelling may not only reset the loop in the tangos' head, it may offer proof in court that I gave as much warning as possible.

That said, I WILL protect my life and the lives of my family and friends...no holds barred.....and I shoot better than most people.

Link Posted: 3/13/2006 9:24:10 AM EDT

Originally Posted By DukeSnookems:

Originally Posted By mjohn3006:
In most states, I think, if someone bad is coming torwards you, and you draw your weapon, you have to say/yell "stop I have a gun".



Really? Not so in TX



+1

That's a bizarre requirement. I'm not even sure it's true to say "most states."

Now, it's probably a good thing to do so if you have time, particularly from a civil perspective. But if someone's about to hack your head off with a sword, I doubt you have to yell anything.
Link Posted: 3/13/2006 9:55:15 PM EDT

Originally Posted By fight4yourrights:
I'd say pointing a gun at someone is a pretty big STOP



but what if you were in the sun and he couldn't see because of the glare????


????


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