“I’m Gonna Blow Your Damn Head Off!” (Should You Draw?)
by Peyton Quinn
Man Pointing Gun
jeff-andersonNothing like a little testosterone to get the party started, right?
The number of fights (even deaths) that happen as a result of injured pride and heavy threats has to fall into the “insanely common” column and I’m sure you’ve seen your share of brawls break out after harsh words are exchanged, haven’t you?
Threats like “I’m gonna kick your ass!” and “I’m going to blow your head off!” could be enough to get your trigger finger itchy if you have a big beefy bully spitting those words in your face.
But are you justified to draw?
My interview with Bulletproof Defense co-creator, Peyton Quinn, should give you some insight into when you’re justified or not…
Legal Self-Defense Scenario: Are His Threats “Actionable”?
Man Pointing Gun
First things first…
You must understand that if you’re ever involved in a deadly encounter, your actions will go on trial from the moment law enforcement responds to your call, until a jury pronounces you guilty or not guilty of murder or manslaughter.
You could be sent to prison simply for defending those you love from a brutal predator.
It sounds unjust, but it’s the truth.
This type of outcome happens all the time, and it happens because gun owners make certain legal mistakes in the eyes of our very strict system of law.
You may consider yourself morally justified in using deadly force, but if you are not LEGALLY justified, you will suffer the consequences.
One of the “tests” you’ll face in a courtroom is whether the threat you faced was “actionable” in the law’s eyes…
Was The Threat You Faced “Actionable”?
“Actionable” is a legal for, “Can he do it?”
If a person can actualize his threat, it means that a reasonable person, knowing what that reasonable person knew at the time, would think the threatening individual had the immediate means to realize a threat to injure or kill the defender.
Let’s look at an example…
You accidentally bump into some badass bully’s car in a parking lot and dent his brand new Mustang.
Even though you apologize, he tells you that’s not good enough and says, “I’m gonna blow your damn head off!”.
He’s made no gesture toward his car or under his shirt, but the man who is twice your size continues to yell and scream at you while pointing his finger in your face from about 15 feet away.
Would you be legally justified to draw and shoot in self defense?
In this scenario, it’s questionable about how the law will look at you.
On one hand, he’s threatened to shoot you… but you see no gun… so his threat isn’t “actionable”.
In other words, from what you can tell at the time, he “can’t” shoot you.
However, the DID threaten your life and he IS within range of attacking you, even if just with his hands.
Poster Comment:
Massad Ayoob is the expert on legal self defense. http://www.ayoob.com/