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Return to “Pulling weapon to diffuse a road rage scenario?”

by dicion
Tue Sep 14, 2010 2:18 pm
Forum: New to CHL?
Topic: Pulling weapon to diffuse a road rage scenario?
Replies: 99
Views: 12661

Re: Pulling weapon to diffuse a road rage scenario?

austinrealtor wrote: - Most of the good people on this forum truly are trying to help you. And remember, we're all "on your side". We're like-minded people who believe in RKBA and self-defense. If WE (collectively speaking for the majority of the forum who've replied to this thread) have concerns about how you're responding to these hypothetical situations, how do you think a JURY will react if you actually pull a gun or God-forbid shoot it while driving a car on a crowded freeway? You're not going to have all of us sitting in judgment on you. If you're lucky, at best, your jury will be made of people who are on the fence or indifferent to RKBA/self-defense issues - worst case, you get a bunch of gun-hating nanny-staters who think anyone who would use a gun for any reason oughta be locked up.

And This, right here, is reason enough.
If WE don't back your decision, there is no way in Hades that a random selection of 12 people, who aren't all pro-RKBA and pro- Self Defense will.

Remember, as I said before, Self defense is a Defense to prosecution. You Start Off Guilty of Murder/Manslaughter/Aggravated Assault (since you've already confessed to shooting them), and you must prove it was immediately necessary to prevent imminent harm to be let off. If that reasoning was cut and dry obvious, you might not even be charged or tried, but that doesn't change the facts.
by dicion
Mon Sep 13, 2010 3:09 pm
Forum: New to CHL?
Topic: Pulling weapon to diffuse a road rage scenario?
Replies: 99
Views: 12661

Re: Pulling weapon to diffuse a road rage scenario?

JayCee wrote: Good info. Yes there's really no "good" ending to a story like this but I'd rather be the one breathing at the end of it.
Besides, isn't "brandishing" only a misdemenor? So worst case scenario, I diffuse the altercation but he calls 911 and I pay a fine. I'm OK with that outcome. No one got in a wreck and no one got shot.

In the 2nd scenario when I thought the driver was about to shoot me and there was no where to swerve; If I went thru it again only armed I would still be inclined to at least shoot a tire out, anything to make him miss or not be able to chase us anymore. People survive car accidents all the time but not so much the gunshot to the face... I'll gladly go to court against a ganbanger, I look like the guy that does your taxes and have a great attny.
There is no brandishing law in Texas, instead they will charge you with Displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm Which is a Class B Misdemeanor, which means possible jail time, and will also cause you to lose your CHL instantly.
by dicion
Mon Sep 13, 2010 2:37 pm
Forum: New to CHL?
Topic: Pulling weapon to diffuse a road rage scenario?
Replies: 99
Views: 12661

Re: Pulling weapon to diffuse a road rage scenario?

JayCee wrote:
Purplehood wrote:If I understand other postings on this very subject, you can use the threat of deadly force only in order to prevent the use of deadly force against you. In other words, you can threaten someone with a weapon only if you are justified in shooting them.

At least that is how I interpret it. There is another thread on the subject floating around somewhere.
So if someone is weilding a car as a weapon would the law consider it deadly? It most certainly is one to me.

In my mind if someone is acting dangerously and threatening to hit me then pulling a weapon to make the other driver rethink their actions is justified. I just don't know if the law would agree.
That's the kicker. Self Defense is a defense to prosecution. You start out Guilty, and have to prove your innocence.
You would need to prove that they were acting dangerously, and that you reasonably believed your life was in danger.

Of course, if you do shoot someone like that, they, and everyone they know is going to swear, in court, that they were just driving along, doing the speed limit, when you cut them off, pulled a gun, and shot them.

Barring Video footage showing them doing what they were doing, it's a losing game. Only way to win, is not to play.
by dicion
Mon Sep 13, 2010 2:29 pm
Forum: New to CHL?
Topic: Pulling weapon to diffuse a road rage scenario?
Replies: 99
Views: 12661

Re: Pulling weapon to diffuse a road rage scenario?

In my not-so-legal opinion, neither showing, nor shooting a handgun is legal in either scenario.

If you were that scared, pull over to the shoulder and stop. If he stops with you, call 911. If he exits the vehicle and begins walking toward yours, take off. Chances are they will not, because they know you'll just take off. A mexican standoff like that is beneficial to you, because the longer you sit there, the more likely police will show up at the scene.

If they're tailgaiting you, take an exit, and at the last second, go back to the mainlanes.
If they're in front of you, stay in the mainlanes, and at the last second, take an exit.

There's plenty of ways to attempt to avoid the situation then to exacerbate it by drawing a firearm.

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