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PocketProtector642
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Post subject: Posted: Sat Nov 29, 2008 11:49 pm |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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oops. I forgot...
Quote: If it deescalates then great, I did my job as a citizen/human.
If it doesn't deescalate, and it gets worse between them, you have options other than drawing and ultimately firing. Just because you are carrying doesn't mean you have to use it. A gun is just a tool, you don't have to use that particular tool.
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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Dee
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Post subject: Posted: Sun Nov 30, 2008 12:30 am |
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Longtime Regular |
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Joined: Fri Oct 31, 2008 11:39 pm Posts: 533 Location: Mankato Area
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Quote: 1. I would intervine by getting out of my car, make my presence known, tell them to stop. At this point I am not drawing and my and my families lives are not in immediate threat. This would happen whether I am armed or not, regardless. If it deescalates then great, I did my job as a citizen/human. 2. If either man changes their threat from eachother to me, at the point, it becomes a NEW situation. I am a now reluctant partisipant to me being threatened. I will then have the duty of retreat. Which I would gladly do. Again this would happen whether I am armed or not, regardless.
This is not a criticism of the above post. I hope its a legitimate question.
If you insert yourself into the above situation in any way, are you still a reluctant participant? If you are not a reluctant participant, then aren't you opening your self to prosecution if you draw? Will you be charged with "intentionally pointing your gun at a human being"?
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PocketProtector642
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Post subject: Posted: Sun Nov 30, 2008 8:25 am |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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Dee wrote: This is not a criticism of the above post. I hope its a legitimate question. no ofence taken. I think it is a legitimate question that I want answered too! Dee wrote: If you insert yourself into the above situation in any way, are you still a reluctant participant? If you are not a reluctant participant, then aren't you opening your self to prosecution if you draw? Will you be charged with "intentionally pointing your gun at a human being"?
I see it as: I am not a reluctant participant while I am breaking up the fight. I am deescalating the fight (not taking part in the fighting). I would become a reluctant partisipant when one of them turns on me.
I see it as 2 different cases. That said, I don't know if this is right. I have nothing to back it up other than vaguely remembering a similar situation being brought up in class. The instructor said that if something you are involved in escalates too far. The moment you try to leave you are now reluctant.
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
Last edited by PocketProtector642 on Sun Nov 30, 2008 8:38 am, edited 1 time in total.
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joelr
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Post subject: Posted: Sun Nov 30, 2008 8:33 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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ronin069 wrote: ...not your problem, I know. But I am really struggling with this one;
1) am I expected to sit in my truck and watch some douche-bag beat a guy to a pulp and do nothing to help him?
2) What if it was a woman who was getting assulted? Would that change the minds of those that have already "+1'ed?".
...assuming that I am going to see the following answers:
1- Yes - or drive away and don't watch 2- You are taking a huge legal risk
...then what a sad and f-ed up world we live in...sigh...I miss Mayberry. I don't think calling 911 is "doing nothing." Nor, for that matter, is yelling, "stop it; I've called 911, and the cops are on the way."
_________________ Just a guy.
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tommygun
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Post subject: reluctant participant Posted: Sun Nov 30, 2008 10:05 am |
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Joined: Sat Jul 01, 2006 4:35 pm Posts: 78 Location: Iowa Arizona
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Joel!
At what point in "doing something" does one give up "reluctant participant" status?
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joelr
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Post subject: Re: reluctant participant Posted: Sun Nov 30, 2008 10:13 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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tommygun wrote: Joel!
At what point in "doing something" does one give up "reluctant participant" status? At the point where the jury makes the finding of fact that you're an aggressor; far as I know (IANAL, but I've looked) we don't have an appellate case at all involving defense of others, which makes it a little difficult to guess how the courts are going to jump on that.
I know that's not helpful, unless you think that advising people to keep their heads down (metaphorically) and use the cell phone is helpful.
_________________ Just a guy.
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tommygun
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Post subject: Posted: Sun Nov 30, 2008 11:03 am |
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Joined: Sat Jul 01, 2006 4:35 pm Posts: 78 Location: Iowa Arizona
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What troubles me Joel is that so many times it is not the intent of the actor but the impression of the observer.
How can an innocent bystander be roundly criticized for not getting involved and yet be soundly excoriated and placed in legal jeopardy for getting involved.
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mrkwns
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Post subject: Posted: Sun Nov 30, 2008 11:11 am |
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Joined: Tue Feb 26, 2008 8:20 am Posts: 3
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It seems like to this point the assumption is than both AH#1 and AH#2 are unarmed. That could be a dangerous assumption.
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Andrew Rothman
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Post subject: Posted: Sun Nov 30, 2008 11:32 am |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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You do need to think over this scenario a bit more.
When you intervene, you risk creating circumstances that will place you in physical or legal jeopardy. Are you prepared to risk your life, your freedom or your financial future for stranger, and a jerk who steals parking spaces, at that?
That's the decision you have to make, in advance.
PocketProtector642 wrote: I need to think over this senario a bit more, but one of my first thoughts was that I would break it into 2 parts: 1. I would intervine by getting out of my car, make my presence known, tell them to stop. At this point I am not drawing and my and my families lives are not in immediate threat. This would happen whether I am armed or not, regardless. If it deescalates then great, I did my job as a citizen/human. 2. If either man changes their threat from eachother to me, at the point, it becomes a NEW situation. I am a now reluctant partisipant to me being threatened. I will then have the duty of retreat. Which I would gladly do. Again this would happen whether I am armed or not, regardless.
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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MostlyHarmless
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Post subject: Posted: Sun Nov 30, 2008 12:13 pm |
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Senior Member |
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Joined: Tue Sep 23, 2008 3:24 pm Posts: 471 Location: 12 miles east of Lake Wobegon
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Yes. The situations where I would intervene (beyond calling something in) where the victim is not known to me are few. While people's standards are different, here are mine: - No doubt in my mind whatsoever about what's going on. Complete clarity as to who is the victim and who is the aggressor.
- Obvious outcome of great bodily harm if the situation continues.
- Timely response of LE unlikely.
- Ability on my part to intervene effectively.
- Ability on my part to intervene with relative safety.
So what this means is that if there are three guys getting ready to take turns hitting someone on the ground with a baseball bat, I'll try to stop them. Or if someone is shooting up a fast food joint with a Kalishnakov.
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moose77
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Post subject: Posted: Sun Nov 30, 2008 1:14 pm |
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Joined: Sat Oct 11, 2008 2:12 pm Posts: 52
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MostlyHarmless wrote: Yes. The situations where I would intervene (beyond calling something in) where the victim is not known to me are few. While people's standards are different, here are mine: - No doubt in my mind whatsoever about what's going on. Complete clarity as to who is the victim and who is the aggressor.
- Obvious outcome of great bodily harm if the situation continues.
- Timely response of LE unlikely.
- Ability on my part to intervene effectively.
- Ability on my part to intervene with relative safety.
So what this means is that if there are three guys getting ready to take turns hitting someone on the ground with a baseball bat, I'll try to stop them. Or if someone is shooting up a fast food joint with a Kalishnakov.
I like the checklist. I think defense of others is one of the most complicated issues we can encounter. Being a man with morals and a belief in justice, I would have a hard time not helping in some situations. I don't see the parking lot issue as one of those. I think a call to 911, and being a good witness would suffice. Once you decide to help more than that you have opened a door. What is behind that door could be very expensive, or possibly even deadly for you. I hope and pray to never have to make that decision.
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PocketProtector642
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Post subject: Posted: Sun Nov 30, 2008 3:35 pm |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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Andrew Rothman wrote: ...Are you prepared to risk your life, your freedom or your financial future for stranger, and a jerk who steals parking spaces, at that?
That's the decision you have to make, in advance.
Andrew, I know you said what you would do in this particular situation earlier in this thread. I am wondering if you mean that you would never help someone else out or just this situation you wouldn't try to deescalate the argument.
ps: I do respect you and your opinions on this forum very much.
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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Andrew Rothman
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Post subject: Posted: Sun Nov 30, 2008 4:20 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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I'd never say never, but it would be unlikely.
What I was responding to is your two-step thought process: that you would move from a position of safety to one of potential danger in order to attempt to de-escalate an altercation between hot-headed strangers in which you were not originally involved.
That's a big, huge step. I have a family to take care of, so I'm disinclined to take big risks for strangers.
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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PocketProtector642
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Post subject: Posted: Sun Nov 30, 2008 4:31 pm |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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Andrew Rothman wrote: That's a big, huge step. I have a family to take care of, so I'm disinclined to take big risks for strangers. Thanks. I like the input. I do need to think about this more. I like that we have this forum to bring things up like this. Andrew Rothman wrote: What I was responding to is your two-step thought process: that you would move from a position of safety to one of potential danger in order to attempt to de-escalate an altercation between hot-headed strangers in which you were not originally involved.
whether you agree with inserting one's self or not. Is the 2 step thought process valid?
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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havegunjoe
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Post subject: Posted: Sun Nov 30, 2008 4:54 pm |
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Longtime Regular |
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Joined: Fri Nov 30, 2007 10:32 am Posts: 515 Location: Metro Area - Apple Valley
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Sit back and enjoy the show. You are obligated to do nothing for either idiot. I would call 911 if violence errups but that would be the extent of my involvment as neither of them deserve anything more. If there is any justice AH#1 and AH#2 will kick the crap out of each other and you will have a ring side seat to it all. You having a gun has no bearing on this little drama, keep it holstered.
_________________ DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONTESTING THE VOTE.
Last edited by havegunjoe on Mon Dec 01, 2008 3:02 pm, edited 1 time in total.
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