Wallet stolen: What if I was OC?

[GetITCdot]

I was up in nobles town (right off the green tree exit i think that's what the town is called.) I had dropped my other half off to get her hair cut at her co-workers house. I then left and went to the Taco Bell that across the street from the BP. It was about 10:00 and i was sitting in my car eating my Mexican pizza when a male approx 5'11" or 6 foot came to my window (which was down because it's hot and i smoke with the window down.) The conversation went something like this:

Him: Hey man I was wondering if i could give you $40 in food stamps for $20 dollars cash?
Me: No, sorry I don't carry cash.
Him: aw man do you at least have a phone i can barrow to call my moms i'm broke down.
Me: No, actually I left my cell phone at my house but I have some jumper cables if you need some help.
Him: Ok man thats cool can i get that drink man i'm thirsty.

At this point i realize he is just a thug looking for someone week, I then realized i was not carrying. I had taken the pistol off my belt to clean and take a look at the firing pin and never belted it back on.

Me: No, I'm sorry I gatta get going.
Him: (turns tone from nice/needing to mr. i'm such a hard-core thug) Listen just gimme ur fuckin wallet man i aint playin.
Me: I can't do that, go fuck with someone else.

I go to start my car and he whipped out a knock-off Chinese switchblade and damn near cut his hand off trying to flip it open.

Him: Just give me the fuckin wallet man thats all i want homie.

At this point i handed over my wallet with $30 bucks cash and my Petco card. ( I keep DL, LTCF in the car and I don't use credit cards, my gf had the bank card so I guess I was lucky )


He ran off into the dark and I called the police and gave them the description.



Her is the question:

If i was carrying would I have shot him?
At no time did I really feel this punk was threatening my life. But at the same point having a knife in my face made me so pissed off I wanted to shoot him for the principal.

I didn't really lose anything of any real value other then 30 bucks and a shitty wallet.

What would you have done?





EDIT:::

I just realized I posted this in the wrong section, sorry can an moderator move it for me please.

[jcabin]

Well he threatened your life as far as you know. Many times someone asks for a wallet and then proceeds to brutalize the victim for shits and giggles even after they got what they asked for. I think if you were armed it would have been sufficient fear to draw your gun and say get the fuck away from me. Then you could have rolled up the window and called 911, or drove to a safe location and notified them.

[LorDiego01]

At no time did I really feel this punk was threatening my life. But at the same point having a knife in my face made me so pissed off I wanted to shoot him for the principal.

You answer your own question, since "at no time you felt that your life was threatened, therefore, at no time you would have been justified to shoot".

Secondly, you've not only answered your own question, but you've also made the case for the DA, since you were "pissed off" and essentially wanted to dish out some street justice.

I think we can all be glad you weren't carrying that night, or you'd be looking at making a low-life thug's family as rich as you currently are (minus your laywer's fees), and spending a chunk of your adult life in jail.

Glad nothing "bad" happened, other than losing a measly $30.

[PocketProtector]

Obviously you felt threatened, why else would you give him your wallet?? Wealth redistribution?

[GetITCdot]

You answer your own question, since "at no time you felt that your life was threatened, therefore, at no time you would have been justified to shoot".

Secondly, you've not only answered your own question, but you've also made the case for the DA, since you were "pissed off" and essentially wanted to dish out some street justice.

I think we can all be glad you weren't carrying that night, or you'd be looking at making a low-life thug's family as rich as you currently are (minus your laywer's fees), and spending a chunk of your adult life in jail.

Glad nothing "bad" happened, other than losing a measly $30.

Im not going to lie I was scared as hell, but not for my life.

I was scared of getting stabbed, beaten, etc etc. But If he wanted to kill me with a Chinese blade he is going to have to work for it. I just simply want to know if you felt the same way I did would you have fired?

[jcabin]

Im not going to lie I was scared as hell, but not for my life.

I was scared of getting stabbed, beaten, etc etc.

"imminent serious bodily harm/injury"
stage one, you were in fear

options: draw to deter bad guy into quitting or comply and risk death anyway

"fear of death"
stage two, he decides to come after you anyway once you have drawn

options: chinese blade, take the stabbings(??), or shoot and defend your life

[FormerUser123]

Im not going to lie I was scared as hell, but not for my life.

I was scared of getting stabbed, beaten, etc etc. But If he wanted to kill me with a Chinese blade he is going to have to work for it. I just simply want to know if you felt the same way I did would you have fired?

that would qualify as being in fear of severe bodily harm

18 Pa.C.S. § 505: Use of force in self-protection

{a) Use of force justifiable for protection of the person.--The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
b(2) The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:

Since you had no chance of retreat, I'd say you'd have been a-OK to shoot, but IANAL.

[JGeezer1986]

Honestly , as soon as the convo got past me telling him no about the first trade offer for food stamps for cash, i would have just put up the window, and drove away. Personally, I look for anyway i can to get away from that stuff. Before i started to carry , i was at the gas station and had a similar incident. The guy started off asking if i could spare $10. By then i had $10 pumped in gas. I told him , sorry , no i only carry a debit card. As soon as i realized he was not going away , i stopped pumping immediately , got in the car and drove away. Stopped on my way home to finish filling. I NEVER want to have to use my gun , or a knife or my deer whomping bat on someone , ever!

[falcn]

You don't find a knife threatening? Sheesh. Holding you at knife point is threatening bodily harm.


So your car is not running (to be able to pull away quickly), your window is down, you have no gun or other defense.

Wouldn't it be very easy for him to hurt you?

You can't climb to the other side of the car quick enough for him not to be able to reach in and cut you pretty bad.

That's fear of bodily harm - you don't need to fear for your life to be able to protect yourself.

Edit: Damn I am too slow!

[camper]

Just yell "He's coming right for us!" before you shoot and you're golden.

Seriously...I think if you pulled out your gun you would have scared him off. Or, he might have slashed at you. Hard to say...was he leaning in your window at all during the conversation?

I thought your original question was going to be about if you're OC'ing and you lose your wallet/have it stolen can you be arrested for carrying a gun in your car. To which...I don't know, but it would be a good thing to know.

No matter what, you're here posting so you did the right thing. Shoulda, coulda, woulda being what it is that's all that matters. I feel for you getting all your info changed, and I'd be on the lookout for somoene trying to get into your house. They know you've got a LTCF now, and they might think you're an easy mark and a good place to get some guns. Plus you lied about having cash on you, and that might incite some sort of weird 'street revenge' for "playin" him.

camper