Posted: 3/30/2008 2:25:00 AM EDT
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This question was posed to me earlier tonight. If you were open carrying and some misguided soul decided to attack you and disarm the "man with a gun", would you have legal recourse to defend yourself with deadly force? Lets say you are walking around in Safeway with a gun on your hip and some John Wayne wannabe runs up behind you and tackles you. Do you shoot if you can? Or do you just beat the shit out of him for fear of legal repercussion? I am looking for opinion but if anyone has case history it would be an interesting read. |
| 1. Empty the mag into the BG. 2. Say, "I thought he was gonna kill me". Rinse, repeat. No one has a moral or legal right to assault someone based on anything less than an obvious threat to harm you and the obvious ability to do so. If some libtard fuckwit is upset at seeing you carry your constitutionally supported means of self defense, he should limit himself to crying and peeing his panties. |
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First, I think it's highly unlikely (barring a mental case). Most people, even those with "John Wayne" complexes, will observe a threat before acting against him/her/it. And unless you're "slicing the pie" in Safeway's aisles, normal supermarket behavior doesn't present a threat....which means, even though the subject might be spooked by The Presence Of A Gun, he'd have a hard time coming up with the cojones to actually attack you. imho Now having said that, we might ask "well ok, but what if..." Since you do not *know* that the subjects' motivation is to disarm you "because he thinks you're a bad guy", you must assume that he has evil intentions--that is, he's looking to do harm, saw you and realized that he must take you out first in order to complete the harm. In other words, any attempt to take away a weapon must be seen as an attempt to kill the weapons carrier. Lethal force, if appropriate, should be applied. imho x2 ymmv fyi PDQ etc etc |
I think the John Wayne wannabe would be wearing the gun. |
I think if someone is going to open carry their holster needs to at least have a retention device.
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If you're gonn'a open carry you should do it in the park with a group of friends first. This way you can gradually train the sheeple so they become acustumed to the idea of open carry and there won't be any confrontations at the local grocery store. This is how they do it down in Arizona. -------------------------------------------------------------------------------------------------- If you live in a State like Arizona, where you can legally walk with a rifle or open carry gun(s) here is the idea that we are successfully practicising in our County, Mohave County AZ. The Thomas Jefferson Walk! My goal is to spread this concept to other communities that can enjoy the open carry like we do. Please, if you feel appropriate, spread it to your friends. use our rights or lose them! thanks Luca Zanna The Mohave County Citizens for the Second Amendment, The Mohave County Minutemen, and the Mohave County Citizens for Constitutional Freedom present THE THOMAS JEFFERSON POWER WALK We invite every law abiding Citizen in Kingman to join us for the Thomas Jefferson Power Walk, "Walk With Your Gun' When: every Sunday at 4.pm Where: Golden Valley Park Who: All Law abiding citizens, all legal ages, men and women. This is not a race: Walk, run or stroll if you like! Finish when you finish. Firearm safety a MUST at all times! A brief safety instruction will be given before the walk begins. Why: Quote from Thomas Jefferson: "As to the species of exercise, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise, and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body, and stamp no character on the mind. Let your gun therefore be your constant companion of your walks..." Use it or lose it! Just like our minds and muscles, we must excersize our constitutional rights or we will lose them. We live in Arizona, one of the best civil rights states in our country. Let's show our appreciation of our rights by excersizing them, and get a bit healthier at the same time. Typical participants of our power walk... click here to see photo photos1.meetupstatic.com/photos/event/a/0/2/8/highres_2321000.jpeg photos2.meetupstatic.com/photos/event/8/6/e/3/highres_3514531.jpeg photos2.meetupstatic.com/photos/event/8/6/e/4/highres_3514532.jpeg for any question please email to [email protected] |
I think that this is one of the major problems with open carry. Does police use of force training apply to the open carrier? If it does/did, then this would be a fairly clear use of deadly force, as the person trying to get your gun could be assumed to want to use it on you. Is there a different standard for civilians without any police training or experince? Does past police training or experince help someone in this case? Does someone with access to legal database searches have the time and patince to look something like this up? Does the risk of someone trying to beat you down to take your gun, for any reason, and with whatever tool they can grab, say a baseball bat in a Fred Meyer store, or a crowbar in a hardware store, make it worthwile for you to open carry? Does concealed carry completely negate these risks? |
Reasonable Man |
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I have yet to EVER even hear of someone so scared by The Presense of a Gun, that they physically wanted to take possesion of it. Those who are scared by guns are gonna be too scared to attack the carrier. I'm not saying it's impossible, just infinitesimally unlikely. 
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The "Reasonable Man" concept is easily overcome by ignorance, bias, stupidity, or any number of other things that are anything but reasonable in legal terms. |