Posted: 1/12/2009 7:01:15 AM EDT
| What is the law on drawing a weapon in a case of self defense? What if i am in a situation that has the possibility to create danger? Can i legally draw my weapon and warn the person? |
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so far here on ar15, if you believe half the posts, you can draw a weapon if someone says something you don't like, or looks at you wrong,
its a bit more complicated than that. you would not believe the hypothetical questions people ask in classes. my rule of thumb, (nod to "Boondock Saints") cover all 3 points of the triangle, if you are pissed off, you probably should try to extract your self from the situation if you can. carry some good pepper spray along with your weapon, (Fox, is liquid hell in a can) give yourself options. 1––INTENT- subject has intent to do you great bodily harm, or death. IE. subject yelling I'm gonna kick your ass- no. subject yelling or saying he or she is going to kill you or cut you or what ever, yes. it's not necessarily black and white. 2–– ABILITY- subject has the ability to cause great bodily harm or death.(or to a 3rd party) IE. special circumstance or a weapon, bat broken bottle, knife, whatever) 3––OPERTUNITY- subject has the opportunity to cause you(or someone else) great bodily harm or death. (close enough to you, IE. 50 yards away with a bat, no––5 yards away with a bat, yes) I'm sure some one, or more than 1 will disagree with what i wrote, but that's pretty much how i explain it in classes. as for warning someone. I've done it, it worked out, but it could have went the other way very easily. |
| As long as drawing it does not escilate the situation you are allowed to do so. If you draw your weapon and the other guy now has a claim to fear of his life and bodily harm then he is allowed to use deadly force upon you. Basically the only time it is legally allowed is when you are in fear of death or great bodily injury to you or another. So if you draw it you had better be legally able and ready to fire it. |
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I think your in the "Brandishing" area of the O.R.C.
As I was told the only time the weapon leaves the holster is when your intent on having to use it in a life or death threat. And but braking leather your making the first move. And in Ohio I believe that will get you charged. And if you did fire it. Then I don't think that would sit well with a Grand Jury. Thats my take on the subject. |
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Quoted:
I think your in the "Brandishing" area of the O.R.C. As I was told the only time the weapon leaves the holster is when your intent on having to use it in a life or death threat. And but braking leather your making the first move. And in Ohio I believe that will get you charged. And if you did fire it. Then I don't think that would sit well with a Grand Jury. Thats my take on the subject. i agree |
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After looking threw the Ohio AG's web site. I can add that "IF" you have done all that you can to retreat, As we have to do here in Ohio. Then you have done what the Law says you have to do, To use deadly force. At that point drawing your weapon to use a threat should not get you in trouble.
But if your standing there having a heated agruement and you draw a weapon. Then you have not done what the Ohio law states you need to. And by Not retreating you can be charged. And might get you shot. Since you where the guy that produced a weapon. As a threat to end it, Yes but i could see it getting way out of hand fast. Leave to weapon out of your threats. Walk away and roll your eye's. |
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After consulting with an expert to verify my understanding I'd add this for your consideration
If you draw your firearm you could be in legal jeopardy. Legally you should draw only if you are in danger of severe bodily harm or death at which time you'd be justified in shooting. this is what our law dictates. Brandishing/showing you have a gun might stop or de-escalate a situation from becoming more serious, or it might get you in hot water. When you're in that position you will have to rely on your gut and make a judgment call. Good luck. I'm not a lawyer and this is not legal council. Be Safe. |
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Quoted:
After looking threw the Ohio AG's web site. I can add that "IF" you have done all that you can to retreat, As we have to do here in Ohio. Then you have done what the Law says you have to do, To use deadly force. At that point drawing your weapon to use a threat should not get you in trouble. But if your standing there having a heated agruement and you draw a weapon. Then you have not done what the Ohio law states you need to. And by Not retreating you can be charged. And might get you shot. Since you where the guy that produced a weapon. As a threat to end it, Yes but i could see it getting way out of hand fast. Leave to weapon out of your threats. Walk away and roll your eye's. I think that puts it in perspective! Good answer! Thanks |