This should be good. What do you think? This is the law in California, and I’m sure applies in other states. At what point do you become the bad guy in a shooting?
There must be danger to you personally or those around you. The criteria is a direct threat to personal safety must be met. One may react to the threat in several ways, among them shoot, if means are available, but not required, to defend against the threat.
The result is this threat has a potential of being a death sentence. One will not receive a potential death sentence if convicted of “stealing my Snapper lawn mower”, if I shoot and kill someone, there is a potential of a death sentence.
I think the question here is in the latter part of the blog. Brandishing and what that means. If someone is coming at you in a potentially threatening manner (but not quite violent) and you put your hand on your gun (not drawing) is that lethal force?
If the aggressor seems sufficiently powerful to overpower you then lethal force (without drawing your weapon) would seem justified. In the example given in the blog:
“Were you in fear for your life at that moment?”
“From him? No. But I wanted to be ready!”
“Yeah… you broke the law.”
“Your actions clearly showed that you had a weapon, which he acknowledged, and as a result of his knowledge, he changed his behavior.” The California Penal Code (§417) states that you cannot display a weapon in a rude or threatening manner.”
the answer “No, but I wanted to be ready” is the problem.
But the key is it worked and defused a potentially violent encounter. And in fact it was no more than letting the aggressor know you had a gun.
In Ca that’s illegal . But I would suggest that in a open carry state the encounter would have never gotten to that point and yet for the very same reason. The aggressor was aware there was a gun present.
So while law in Ca, I don’t see putting your hand on your gun in that situation “lethal force.” Now if the aggressor was some little kid or old lady then perhaps its over the top.
God Bless Constitutional Carry States