Im 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 Im sure youve seen your share of brawls break out after harsh words are exchanged, havent you?
Threats like Im gonna kick your ass! and Im 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 youre justified or not
Legal Self-Defense Scenario: Are His Threats Actionable?
Man Pointing Gun
First things first
You must understand that if youre 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 its 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 youll face in a courtroom is whether the threat you faced was actionable in the laws 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.
Lets look at an example
You accidentally bump into some badass bullys car in a parking lot and dent his brand new Mustang.
Even though you apologize, he tells you thats not good enough and says, Im gonna blow your damn head off!.
Hes 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, its questionable about how the law will look at you.
On one hand, hes threatened to shoot you
but you see no gun
so his threat isnt actionable.
In other words, from what you can tell at the time, he cant 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/