Real Life Incident - What would you do?

[Jakeiscrazy]

I have a VCDL guns save lives" sticker on my car. It solves that problem you should get one.

[Snakester]

The fact that you were packing changes everything. We have to be careful with the choices we make. Sounds like a perfect time to branish the old "LOUISVILLE SLUGGER"!

[ProShooter]

I would have started by not flicking him off.

Welcome to the forum.

+1

[ProShooter]

I have to be honest, I would have drawn and let the guy see it. Anyone approach you in a crazy manner like that you have to be ready for anything.

And you would probably be arrested for brandishing, at a minimum.

[skeeterss0]

My question is, When would it be appropriate to draw you handgun? After he displays his? I have to say that would be much too late. After he brakes in your window with the crowbar you didn't see him carrying? again too late. I would much prefer to be judged by 12 than carried by 6. If someone approached my vehicle in a frantic manner after flipping me off and tailing me, i'd be afraid for my life. I'd feel justified in protecting myself.

[Monkey]

I've had people do this to me. In lieu of flipping them off, I blow them kisses. It tends to piss people off even more. In doing so, a case can be made that I would not have been escalating the situation.

That said, if the problem evolves to knocking on a glass window, cell phone video + a license plate number can go a long way. Call the cops.

If he starts damaging your window and car, a case can be made for the closing of the deadly force triangle:

Capability: Has the capability to do you harm, he's damaging your window/equipment
Opportunity: He's right up on you, busting your window. Opportunity is there.
Intent: Can be argued that intent to do you harm is there.

If you can clearly articulate this when you draw your weapon, I don't think you would have much of an issue. I'm not a lawyer, though, and your mileage may vary.

Also:

One important point, if you do end up brandishing a weapon, the next step, if you do not have to fire, it is to call the police and report the incident and tell them why you thought you had to defend yourself. It has happen before that persons will call the police and report you for brandishing. You want to be first.

+1 on this.

[scott9050]

Be prepared to go to court if you ever pull a weapon, even if well justified. Happened to me in 1997 when a guy with road rage threatened to kill me with a baseball bat until I drew stopping him in his tracks. Cost me $500 for a lawyer and a trip to court before the judge threw it out.

Still, it was better than the alternative which was me getting my head bashed in.

[gunderwood]

My question is, When would it be appropriate to draw you handgun?

As always, when Ability, Opportunity and Intent occur and you fear for your life/limb. This is always the legal standard in VA and most states.

The problem here is the escalation of the situation. You typically loose the ability to stand your ground in such a case. The intention is to prevent someone from using unethical SD for a situation they were partially responsible for. Otherwise, if someone want you dead they could simply get you angry and then as you said/did something rash they would shoot you in "SD." This is similar to how VA is NOT a comparable negligence state, it's a contributory negligence state. If you live in VA you really need to know that! If you were part of the problem you're on legally shaky ground and can no longer stand your ground. There is a big gray area though with how far you must go in order to be considered retreating and removing yourself from the problem. Depends on the prosecutor and the jury if you go to court.

It's rather simple. If you were part of the problem you must make every reasonable attempt to retreat and remove yourself from the problem. What is reasonable is a gray area, so it's always best to keep cool and not get involved in the first place. Then you can lawfully and ethically stand your ground.

[Reverenddel]

Yeah, i called the RPD when I drew on a mugger. that was 2 hours of being told I was in the "Wrong", even though dude had a blade.

Finally a supervisor on duty acknowledge that i was "not under arrest", and my statement had been taken with my contact info. I just turned, and walked away.

Even if you're in the right? They're gonna accuse you of being "wrong".