At what point is a gun, by law, considered to be "pulled"

[chopper duke]

We were taught in the academy that three things must be necessary for the use of deadly force (and why pull a gun if you don't plan to use it).

1. Opportunity (the person is near enough to cause great bodily harm to yourself or another or commit a forcible felony)
2. Ability (the have a means to commit that bodily harm or felony; ie, a gun instead of a knife when you're on the other side of a parking lot)
3. An Overt Act (an act that would cause the great bodily harm such as drawing the weapon, raising it towards you, etc)

In the situation you described, I don't believe I would have drawn if all they did was brandish but I would be wary and ready to draw and then extricate myself.

 

[Ken Ford]

In a mutually combative situation like you described I think you will spend a long time being Bubba's bitch!

If you were defending yourself while trying to disengage you have the right to pull at the point you(or a reasonable person) are in fear of great bodily harm or death.

 

[karlvv30]

In a mutually combative situation like you described I think you will spend a long time being Bubba's *****!

If you were defending yourself while trying to disengage you have the right to pull at the point you(or a reasonable person) are in fear of great bodily harm or death.

Quite vague. What if I'm naturally unreasonable. Will I always be guilty? The book answers are so different then real life. Fear is an MFer and will make a reasonable person do something that seems unreasonable. It's quite the quagmire.

 

[mgonza]

Some ass hat touches your girl. Take a picture of him and call the police. Never get into a heated argument whe carrying. Sexual assault is not taken lightly.

 

[rockyfatcat]

Some ass hat touches your girl. Take a picture of him and call the police. Never get into a heated argument when carrying. Sexual assault is not taken lightly.

agreed. When he showed you that he has a weapon he has brandished it. Time to make a phone call.

You and your friend are not in imminent danger. Let Barney Fife do his job.

 

[JkEnder]

If you are packing, you are basically obligated to walk away from any verbal altercation. If you don't walk away, you pretty much forfeit any self defense claim. If you take every opportunity to diffuse the situation, and he still reaches for his weapon, you are clear to fire. A word of advice, read Massad Ayoob's "Deadly Force," he is an expert witness and guru on the legal and social aspects of defensive shootings. Pretty much, if you read all of his work, you will be a better shot, and you will be able to articulate, in court, why you were legally defending your life.

 

[Ken Ford]

Quite vague. What if I'm naturally unreasonable. Will I always be guilty? The book answers are so different then real life. Fear is an MFer and will make a reasonable person do something that seems unreasonable. It's quite the quagmire.

Is vague on purpose. What is reasonable in one situation with one person and set of facts may not be reasonable with one additional condition.
You will have to articulate your position based on what a a jury with all facts, including view points from all side will decide.

Based on the OP both sides will go to prison. You cannot legally put yourself in a conflict and resort to deadly force when it doesn't go the way you thought. Like I said if at some point you were trying to end the confrontation and you are FORCED to use deadly force then the circumstances have changed. Whether or not a jury would see it the same as you did?... I think you would be in deep Doo Doo.

 

[Hayata]

Are you surrounded by his friends when it happens?

So in court they all testify that he never touched his firearm?

Guess what?

See ya in 25 years. Enjoy your new home and roommate.

Stop trying to be a man. Walk away. The real world ain't TV.

 

[Radar363]

What if I just fire a warning shot but somehow he gets hit in the elbow?

 

[chucklenut]

Brandishing is a direct threat IMO

Better to not get into a fight in first place lol