Just ignore him VS.
Give this thread a few more pages and Emp will be ranting about how the whole incident is somehow Obama's fault.....
Is it not?
Just ignore him VS.
Give this thread a few more pages and Emp will be ranting about how the whole incident is somehow Obama's fault.....
true, but robbing a bank weather armed or not, and saying you are is a crime. here no crime was committed accept by the op.
Vigilante... also, don't think your posts here, comments made, the name "VIGILANTE" and avatar of the lone ranger wouldn't come into play in a courtroom where you're trying to defend yourself against discharging your firearm with intent. If I know prosecuting attorneys (and I do!) they would definitely try to use that to their benefit to show you had every intention of shooting someone... hopefully you don't have "KILL THEM ALL" or anything like that inscribed on your slide!!! lol
true, but robbing a bank weather armed or not, and saying you are is a crime. here no crime was committed accept by the op.
uhm. it is not . "assault" is the act a of physical nature. assault is a crime. Threatening to kick someones ass, is threat. and in this case not one that would be a easily chargeable criminal offense.This is not correct. Threatening somebody with bodily harm, as in 'I'm going to kick your A**', is a crime. It is a crime that has a name. That name is 'Assault'. While simple assault is generally not prosecuted, it is, none the less, a crime.
The assailant stated that he was going to shoot the OP. Had the assailant reached into his pockets, or behind his back, it would be reasonable to assume that the assailant was going to follow through with his stated intent. In this situation I would have feared great bodily harm , or worse, and would have responded appropriately.
Problem, as I see it, is that the OP has no witnesses, other than the man that climbed into the back seat of the aggressor's vehicle. That witness will certainly testify that his buddy had his hands up while reciting the Lord's Prayer, and was only reaching for his Rosary.
I'm thinking that the OP should secure a dash cam that will record audio. I also suggest that the OP purchase a smartphone that will operate with voice controls, sans hands. Linking the phone to your car stereo may be an option as well. Call the PoPo. The 911 recording might be the evidence that keeps you from being raped in Angola.
My last thought is that the OP has a serious problem with his carry habits. This can easily be remedied with a little self discipline.
uhm. it is not . "assault" is the act a of physical nature. assault is a crime. Threatening to kick someones ass, is threat. and in this case not one that would be a easily chargeable criminal offense.
also the OP's Originally post he stated the guy yelled "i have a gun" nowhere in the OP's statements did he ever say the man threatened to shoot the OP. Change the facts, change the outcome.
you forgot to add then ending of the definition "or in the more limited sense of a threat of violence caused by an immediate show of force."Assault
At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability.
http://legal-dictionary.thefreedictionary.com/assault
The actual physical contact is 'battery'.
I stand corrected on the second point.
This is not correct. Threatening somebody with bodily harm, as in 'I'm going to kick your A**', is a crime. It is a crime that has a name. That name is 'Assault'. While simple assault is generally not prosecuted, it is, none the less, a crime.
The assailant stated that he was going to shoot the OP. Had the assailant reached into his pockets, or behind his back, it would be reasonable to assume that the assailant was going to follow through with his stated intent. In this situation I would have feared great bodily harm , or worse, and would have responded appropriately.
Problem, as I see it, is that the OP has no witnesses, other than the man that climbed into the back seat of the aggressor's vehicle. That witness will certainly testify that his buddy had his hands up while reciting the Lord's Prayer, and was only reaching for his Rosary.
I'm thinking that the OP should secure a dash cam that will record audio. I also suggest that the OP purchase a smartphone that will operate with voice controls, sans hands. Linking the phone to your car stereo may be an option as well. Call the PoPo. The 911 recording might be the evidence that keeps you from being raped in Angola.
My last thought is that the OP has a serious problem with his carry habits. This can easily be remedied with a little self discipline.
1) Know that, gun was unloaded previous day to comply with work policy, I usually always keep a round in the chamber, its what I do when I get in the vehicle, didn't do it today big mistake.These are my thoughts and a great summation of my response to this thread. Hindsight is a bitch. There are always a million things that you /could/ have done, but didn't do. In the OP's case, I think two items stand out:
1) You should NEVER leave a gun unloaded (without one in the chamber) that could potentially be grabbed in a spur for self-defense. An unloaded gun is useless, and the seconds that it takes to make the weapon ready for use count.
2) You need to setup a bluetooth kit for your phone where you can hit a button in your car and tell it to dial 911. If your car doesn't have this feature by default, drop the $20, $50, or $100 bucks that it would cost to have it setup. A dedicated dash-cam that records audio would be nice, but not as nice as being able to dial 911 if something goes awry.
In regards to someone acting aggressively on the side of the road: If he states that he has a weapon and will shoot you, I think it is safe to assume the possibility and be ready to act accordingly. Driving away is the first option that is immediately followed by dialing 911. I have no issues with the OP passing a stop sign, red light, or even speeding to get away from an aggressor that alleges he has a weapon and intends upon using it to cause harm. Yes people could have been hurt, but in this case they were not.
As for how the situation played out after that. Well, things could have been done differently, but they weren't. Pointing a(n) (unloaded) gun at the aggressor probably wasn't the smartest idea. It worked in this case to get him to leave, but likely wasn't the best option.
@The OP: I would recommend cleaning up the paragraph again and adding spacing and clarifying a few points. You may be able to get advice out of it or recommended training from those with that knowledge. Also, please keep your gun loaded. If it's kept in your car at work, screw them. They don't need to know where it is and that it exists (unless it is a work vehicle that other people go in).
1) Know that, gun was unloaded previous day to comply with work policy, I usually always keep a round in the chamber, its what I do when I get in the vehicle, didn't do it today big mistake.
2) Iphone flew off seat to passenger floorboard, was in my Mini and don't have Bluetooth like my other vehicles. I have a dashcam was pointed straight ahead, doesn't take great video in the dark. Plan to upgrade to 4 position cameras.
3) I didn't point an unloaded weapon at the aggressor, when I pointed it it was loaded and ready to fire. He did not see the gun before then or the fact that had a failure to feed.
I had spaces between paragraphs when I wrote it in Word, when I copied it to the forum the formatting went away.
Your right,the Monday morning quarter backs are dumb-asses