Legal Implications if you Draw Your Pistol?

[fritz1255]

I have had a concealed carry permit for about seven years now. I work in Delaware, which does not have reciprocity, not to mention the fact that I would be fired on the spot if I were caught with a firearm on company property. I do not carry often mostly because of that, and have never had to draw my pistol.

Unfortunately, I do not have a good understanding of the legal aspects of firearms use for personal protection. The purpose of this post is to ask advice about when it is legally permissible to draw my pistol, and what are the likely legal implications if I do. Any actual experience would be very helpful. A friend of mine got into a ton of trouble for punching someone who was sitting on his car and refused to get off, so I can imagine that improper use of a firearm could easily result in a felony conviction and resulting loss of the right to even own forearms, let alone carry. While there are obvious legal implications if you shoot someone, what about if you draw your pistol and point it? Let’s hear some opinions on these scenarios:

1. The classic scenario out of the “Armed Citizen” section of American Rifleman. You are in your living room, when someone starts kicking your door in. You draw your pistol and wait for the goon to enter your front hallway. I think this is pretty clear from a criminal law standpoint, but are you likely to face a wrongful death suit from the goon’s survivors?
2. You have purchased wooded acreage, built a house, and immediately start having issues with trespassers, especially during hunting season. Your “No Trespassing” signs seem to get torn down as fast as you put them up. One morning you look out of your back window, and see what looks like a hunter trespassing on your property, carrying a rifle, of course. When you tell him to leave, he gets belligerent, screaming that he’s been hunting there since he was a kid, and you’re not going to stop him. Fortunately not my personal issue, but it happens a lot at the recently constructed grammar school – they don’t even try to use their nature trails in November.
3. You are driving down the road, when an aggressive driver starts tailgating you. After a couple of miles of this, you exhibit poor judgement by flipping him off. This absolutely infuriates him, and he passes you, then pulls his car across the road so you cannot get by. He gets out of his car, walks over and starts screaming at you. This happened to me once, and I just ignored him until he cooled off and left.

[Royinmontco]

1- no problem
2- call the police
3- u turn, haul ass

[Remington788]

I am not a lawyer.
I am taking an NRA Self Defense in the Home and Out of the Home class this summer so that I have a better understanding. Of just what you are asking. May I suggest you search out a law seminar. I don't think they are too hard to locate.

Of the scenarios you listed, I, with no legal training;
1. Would have no issues with someone defending theirself and family against a home invader.
2. Take photos and walk away. Call the law.
3. De-escalate, put the car in reverse, drive away, call 911. It seems the first person to call is often considered the victim. Avoid reaching for or displaying your firearm.

[danhr]

#3 has happened to me. Guy one blocked the front of my car, guy 2 blocked the rear of my car, and guy 3 started approaching my driver's side door, yelling at me. I pulled firearm but kept it at the low ready, if that's what you want to call it. It was in my hand, on my lap, pointing at guy #2. When he came up to my car, he saw it and instantly backed off. I immediately went to the state police barracks, in which he was arrested.

[Cyclops]

The only time it makes sense to draw is when you feel physically threatened or are attacked. As said above, it is always better to call the police than to try to act like them. In all of 2015 I drew my gun once on a person. I was doing an inspection of a foreclosed house that the bank put on the market. When I got to the second floor I interrupted a druggie and his girlfriend who shooting up heroin. He pulled a knife an came toward me. I drew and suggested it was not good to bring a knife to a gun fight. They ran out of the house. I did not pursue, but I did call the police to file a report. Nothing ever came of it.

I have when concealed carrying intentionally exposed it on rare occasion when some thugs got verbally nasty to me and alluded (not threatened) to make me sorry I was in their territory. I did not touch the gun. I just made sure that knew I had it. It was amazing how docile they became after seeing it.

[Rosco the Iroc]

I have one simple rule/question-Am I going to have to kill this guy over this with all the issues involved if I do (legal and moral)?
Yes- draw
No-leave it in the holster

Only drawn twice both no shoots thankfully.

As covered #2#3 there is no reason that it has to come to a gun. Now if the hunter points and threats, or road rage waves one at you-new ball game but again be the first to call and before shots if possible.

[fritz1255]

Thanks for the replies. To summarize:

Avoid pulling out your pistol except as a last resort
If you do have to pull it out, report the incident to the police ASAP

[the deer hunter]

Point is, would you flip someone off if you didn't have a gun.

I quit flipping people off once I started carrying a gun. No point instigating.

[Lexington]

I quit flipping people off once I started carrying a gun. No point instigating.

That's my attitude. I've always erred on the side of non-confrontation, but once I started carrying regularly that went up by a factor of 10. I don't want it ever to be said (Truthfully, anyway) by witnesses that I was being anything other than level-headed and reasonable during whatever altercation that comes up. I want there to be no mistake that if things turn violent it's the result of the other party's actions, not mine.

Edited to Add: I need to spend more time thinking about what I would do while in a vehicle and dealing with a road-rager. If someone was crazy enough to run me off the road in the first place, he'd probably be crazy enough to chase me if I fled. I'm not sure how I feel about engaging in a 100+ MPH chase along a busy interstate while trying to call the police and keep an eye on my (potential) pursuer. I'm not saying it's a bad idea, far from it. It's one that should be considered. But, it's possible more lives would be endangered that way.

[Dubltap25]

the deciding factors for the aftermath of each shooting event will be decided by what you say, how you say it and to whom it is said. Have a distinct plan for how to conduct yourself after an event. In a non shoot scenario legal representation may not be necessary, but if you have to pull that trigger there is no reason anyone needs a statement while you are uder stress. Calm down, contact a lawyer and do things the right way for you. Unless the suspect is still a threat and descriptions and such are needed for safety reasons then time is your friend. Unfortunately stress effects us all differently and the English language can be interpreted in many ways. They say every armed encounter involves three fights. The moral/ internal fight to even leave the house prepared to protect yourself with deadly force. Second the armed / violent confrontation itself. But don't forget the third. The trauma of the encounter and the investigation. Prepare for this third fight as you would and have for the first two. This one may be just as or more important than pulling that trigger. Your life still hangs in the balance.