Self defense question

[mccula]

Hello all. I searched around on google a bit, and as almost all gun laws are, I'm sure you can understand that the answers I got were 'hazy' at best.
I recently received threats of violence from my ex-girlfriend's new boyfriend. The only reply I did give him, and will give him, is that I wish not to speak with either one of them, nor see them, nor receive any more threats. I did NOT retaliate his childish attempts to get me to fight him (I am not that stupid. I'm not going to jail for making threats back.)
The question is, if, for some reason he were able to find me, and try to attack me, even if he just hits me with his fists, would pulling out my handgun after properly informing him of my intent to do so and trying to de-escalate the situation be legal? I know that it is to be a last resort, and I also know that it should not be pulled without the intent to use it. I'm not afraid to shoot an attacker who will not stop after verbal warnings, although I would probably shoot to incapacitate rather than shoot to kill unless they had a gun on me as well.
I would of course first try to tell him to stop, I do not want to fight. If this doesn't work and I cannot viably retreat without fear of harm to myself or my property (say I get in my car and he hits it with a bat or kicks it etc), and he is still trying to attack, would it be legal to use my handgun in self defense? Simply put, I hate fighting, I do not want to fight ANYONE (Because I believe it does not accomplish anything at all.), and I do not want to put myself in a bodily-injury threatening situation by 'squaring off.' Is it legal??

[TXDMERC73]

simple call the police or put a restraining order on him, if he comes at you and starts swinging , try to run away if he keeps persisting then it would leave you no choice. This is what i would do in that situation i would run away see if the attacker keeps attacking me i would then draw my firearm. IF he comes at you with a weapon then you have the right to draw your firearm immidiately.

[mccula]

simple call the police or put a restraining order on him, if he comes at you and starts swinging , try to run away if he keeps persisting then it would leave you no choice. This is what i would do in that situation i would run away see if the attacker keeps attacking me i would then draw my firearm. IF he comes at you with a weapon then you have the right to draw your firearm immidiately.

Thank you, that's exactly what I'd try to do. I'm not going to call the police or get a restraining order yet, because he hasn't kept up with the threats after I replied to him. It will probably blow over and be nothing, but you can never be too careful.

[Curmudgeon]

Umm.... errrr.... uhhh...


Have you 2 met?

http://forum.pafoa.org/lounge-108/78...st-friend.html

[mccula]

haha no we haven't just a funny coincedence. I doubt he's gonna do anything, she knows and he knows I CC, and a friend told me he posted on facebook about how much of a 'pussy i was for carrying a gun, the only reason I do it is cause I'm too scared to fight and go toe to toe.'
It's ok, I saved both his threatening messages and that thing he posted just in case I need legal evidence should I go for a restraining order or in the even he does actually try to hurt me.

[gnbrotz]

IF he comes at you with a weapon then you have the right to draw your firearm immidiately.

Citation of law?

AFAIK, you always have the requirement to retreat (outside of your home) if you can do so with complete safety. It is completely possible that you might have the ability to escape safely even if your intended attacker possess a weapon. Your statement is very poor advice, and one that could get someone convicted if they do as you have suggested.

[TXDMERC73]

Citation of law?

AFAIK, you always have the requirement to retreat (outside of your home) if you can do so with complete safety. It is completely possible that you might have the ability to escape safely even if your intended attacker possess a weapon. Your statement is very poor advice, and one that could get someone convicted if they do as you have suggested.

so i should run if they attacker is coming at me with a knife?!! what if he stabs me in the back should i risk that or even get whacked in the back of the head with a baseball bat? i will most definitely draw my firearm. why is there a saying never bring a knife to a gunfight?

there is a citation law to draw your firearm when there is a threat of deadly force which would be if the attacker has threatened with a deadly weapon is there not?

i rather be judged by 12 then carried by 6!

once they pass the Castle Doctrine HB40 (i hope they do) we wont be required to retreat anymore and stand our ground but it is still possible one can stand their ground IF threatened with a deadly weapon.

[Ten*K]

if you recorded him on the phone without his consent you could be in trouble yourself. if voicemails were left that's different.

if the issue goes away, let it go away. If not, apply for a PFA and keep it in force. If he's "threatening" you, that is a violation of the law.

Unfortunately, your story, if 100% true, still requires you to do your due diligence and follow the law. Many people will talk tough until the first time they roll up in court facing charges.

Stay away, browse this site, and don't provoke anything.

[Ten*K]

so i should run if they attacker is coming at me with a knife?!! what if he stabs me in the back should i risk that or even get whacked in the back of the head with a baseball bat? i will most definitely draw my firearm. why is there a saying never bring a knife to a gunfight?

there is a citation law to draw your firearm when there is a threat of deadly force which would be if the attacker has threatened with a deadly weapon is there not?

i rather be judged by 12 then carried by 6!

you can't walk backwards?

and if you're carrying a GUN, it's a good idea to carry a CELL PHONE. Be the initiator in a 911 call, as what is heard on the phone becomes usable in court.

[TimtheDestroy]

my situation was more to the other thread mentioned above (GFs ex sending me emails trying to get me to threaten of fight him) i did not respond to them, did mention some of them to my girl and found out he emailed her as well but rather then respond to them i just saved them so if there was a credible email threat, one that said he would try to hurt me i would have a folder of previous attempts. I'd like to tell you that it will blow over, as a normal person would move on, but expect every so often for them to get bored enough to try something. Save and document everything they send, don't respond, and if they do threaten you take it all to the police.

I don't consider myself a fighter, and i know the guy has a few screws loose, a handgun, and violent past, if he came at me with fists that would be serious bodily harm and i would have no problem drawing on him. Stay safe and stay alert, stay alive.