Solsand wrote:Ok here we go, I'd really like to know what is going to be inside/ outside LTC law-
Hypothetically, a road rage incident of some kind takes place. We both have to stop at the next light. Driver approaches me on foot WITHOUT a weapon, words are exchanged. He decides to turn this into a physical confrontation, takes a swing and I am knocked to the ground. I'm carrying - he could be - so I immediately draw my weapon and tell him he can either be shot or he can back off and freeze. I call 911 and explain the situation and ask for LEO to come out. My question- can I legally hold him at gun point until LEO arrives? Will I likely be arrested for drawing my weapon? Not looking for the "you should have just shot him/ fear for life" answer. I am tying to see if this altercation can be handled in the manner I have just described without having to shoot this guy. I know most of you have probably seen the video of the two ragers in Austin last month, where one guy approached the other with a bat. He could have been shot and the shooter would not likely have been charged. This scenario is not what I am describing...
Thoughts? Advice? Thanks.
I am by far no means a pro on CHL nor a lawyer, but if you ask me this sounds like your the one being the aggressor. Let me explain my thoughts and I am known to be wrong so anyone please feel free to correct me.
Not once do you mention trying to deescalating the situation. You may be right but a simple I am sorry sir goes a long way. If you did try was there an out? IE were you blocked in and could not get away from the situation.
Why would you get out of your car if you saw he had no weapon? Were you trying to prove a point your right and he was wrong?
Why did you let him get so close to you that he could hit you? Were you both in each other faces cursing at each other?
You draw your gun because you were knocked to the ground? Before you answer you clearly state he Approached without a weapon.
Now think about this with your Hypothetical situation.
Behind you is a couple lets say in there mid 40s all they see is him approach you cursing. You get out and start cursing back. Then boom your punched in the face and knocked to the ground. You pull your gun on the guy and cursing at him to freeze while you stumble for your phone to call the cops, but what you dont know is the couple who is watching this is already on the phone with 911 and are reporting a guy who was in an argument just pulled a gun! Please get the cops here! So the cops show up Separate you two and now it is his word against yours. All there is is the eyewitness that all he knows is two guys got into a fist fight and the loser pulled a gun on the guy who did not have a gun.
Do you think it is justifiable?