Is it lawful to shoot an intruder who reaches for his waistband behind his back

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  • tdt91

    I will miss you my friend
    Apr 24, 2009
    10,813
    Abingdon
    when you already have your gun drawn on him and you tell him to put his hands up regardless of if he is actually armed? My instructor said that he has to be armed.
    If the perp is threating to kill you, do you wait to see a gun he has behind his back?
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    What many people fail to realize is we can “what if” things to death.

    The real truth to pulling our firearm or even using it in any state is always dependent on the actual circumstances.

    No two situations are ever the same.

    When a Grand Jury, or even a jury of your peers looks at the situation are They going to see your actions as being reasonable under the situation. It doesn’t matter how the law actually reads. What matters is how they will view your actions after the fact.

    Can you and your lawyer convince the Jury that you had no other to choice but to pull your weapon, or to even shoot? Even if you are in a state with a “Stand Your Ground” law.

    No matter how justified the shooting may actually be, it will still require a lawyer.

    The dude who shot the shooter in the mall. He has a lawyer and will have to go in front of a Grand Jury.

    The Guy in White Settlement Texas that shot the guy who came into the church shooting had to have a lawyer and went in front of a Grand Jury. Even the one in Houston.

    So only pull your firearm, only shoot if you feel like their is no other choice. Don’t pull it to play your tough guy/gal cars. Don’t pull it to be all Hero like. Use your firearm only if you feel a life is in danger and you have no other choice.

    The other thing I Tell my class’s is this. It doesn’t matter what the law is. If you feel and believe a life is in danger and you have no other choice then to use your firearm. Do so. Because it’s much better to be judged by 12 then carried by 6.
     

    CanDoEZ

    Ultimate Member
    MDS Supporter
    Oct 23, 2008
    2,592
    SoMD
    15z6fg.jpg
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,856
    Bel Air
    What many people fail to realize is we can “what if” things to death.

    The real truth to pulling our firearm or even using it in any state is always dependent on the actual circumstances.

    No two situations are ever the same.

    When a Grand Jury, or even a jury of your peers looks at the situation are They going to see your actions as being reasonable under the situation. It doesn’t matter how the law actually reads. What matters is how they will view your actions after the fact.

    Can you and your lawyer convince the Jury that you had no other to choice but to pull your weapon, or to even shoot? Even if you are in a state with a “Stand Your Ground” law.

    No matter how justified the shooting may actually be, it will still require a lawyer.

    The dude who shot the shooter in the mall. He has a lawyer and will have to go in front of a Grand Jury.

    The Guy in White Settlement Texas that shot the guy who came into the church shooting had to have a lawyer and went in front of a Grand Jury. Even the one in Houston.

    So only pull your firearm, only shoot if you feel like their is no other choice. Don’t pull it to play your tough guy/gal cars. Don’t pull it to be all Hero like. Use your firearm only if you feel a life is in danger and you have no other choice.

    The other thing I Tell my class’s is this. It doesn’t matter what the law is. If you feel and believe a life is in danger and you have no other choice then to use your firearm. Do so. Because it’s much better to be judged by 12 then carried by 6.
    Thinking through these scenarios is useful, if approached semi-academically. It’s like the book portion of training. If folks pay attention here, there are a ton of good points, different perspectives, and utter stupidity. You just need to figure out the difference. I enjoy these discussions.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,498
    I'm sure you could find a knife or other weapon that you could put next to the body. Regular kitchen knife would do, doest matter if it's yours. He picked it up and came after you with it...
    Yeah… go ahead and try to make yourself look righteous by adding evidence to the scene.
    A kitchen knife, and old pos toy gun, or maybe a six sided dildo. :rolleyes:

    After all… Who’s going to know… right?

    [/SARCASM]
     

    hodgepodge

    Senior Member (Gold)
    Sep 3, 2009
    10,100
    Arnold, MD
    Everyone is making this too complicated!

    OP asked

    Is it lawful to shoot an intruder who reaches for his waistband behind his back(?)​


    Answer: Yes, but if and only if 1) You scored greater than 125 on your HGP qualification 2)You have the appropriate permit for the county where the shooting occurs 3) No one is eating Chuckles 4) You are covered by the MSI insurance plan AND 5) You did not use a magazine that Carries more than 9.5 rounds.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,316
    Q: Is it OK to shoot someone , if they Really Were Cheating at high stakes poker ?

    A: It depends upon which County in South Texas you are .

    ( This might seem like a joke , but actually not . But Do NOT try that in Maryland .)
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,689
    Glen Burnie
    I'm sure you could find a knife or other weapon that you could put next to the body. Regular kitchen knife would do, doest matter if it's yours. He picked it up and came after you with it...
    Pretty sure you think you'll remember to wipe the gunshot residue off the knife that got on it from your hands from when you fired your pistol?
    I doubt it.

    Thing is, many think this is a legit move.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,750
    What many people fail to realize is we can “what if” things to death.

    The real truth to pulling our firearm or even using it in any state is always dependent on the actual circumstances.

    No two situations are ever the same.

    When a Grand Jury, or even a jury of your peers looks at the situation are They going to see your actions as being reasonable under the situation. It doesn’t matter how the law actually reads. What matters is how they will view your actions after the fact.

    Can you and your lawyer convince the Jury that you had no other to choice but to pull your weapon, or to even shoot? Even if you are in a state with a “Stand Your Ground” law.

    No matter how justified the shooting may actually be, it will still require a lawyer.

    The dude who shot the shooter in the mall. He has a lawyer and will have to go in front of a Grand Jury.

    The Guy in White Settlement Texas that shot the guy who came into the church shooting had to have a lawyer and went in front of a Grand Jury. Even the one in Houston.

    So only pull your firearm, only shoot if you feel like their is no other choice. Don’t pull it to play your tough guy/gal cars. Don’t pull it to be all Hero like. Use your firearm only if you feel a life is in danger and you have no other choice.

    The other thing I Tell my class’s is this. It doesn’t matter what the law is. If you feel and believe a life is in danger and you have no other choice then to use your firearm. Do so. Because it’s much better to be judged by 12 then carried by 6.
    Unless you are Ivanka Trump. Then you might need 10 to carry you.

    #IKnowWhereJimmyHoffasWholeOfficeWasBuried :innocent0:lol2:
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    What Miranda Says:

    You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.

    What Miranda Means:

    You should Shut The Fcck UP, Right now.

    Anything you say, absolutely will be used by
    High paid, politically motivated, prosecuting attorneys, to convict you of a crime, and send you to prison for a long time.

    In case you were not paying attention to the first and second sentences above, You really really should talk to a lawyer for advice before we ask you any questions and you might as well have him with you during our Manipulative Questioning Sessions where we tell you, you have nothing to worry about, your not under investigation, but we are recording everything you say, and like we mentioned in sentence 2, we will give it to the prosecutor, who’s main reason for existence, is to nail you to the cross.

    If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish, which is better than opening your mouth without a lawyer present. However, the free lawyers are severely overworked, any have way too many cases, to give you the best advice possible, and the’ll probably try to convince you to plead guilty to lesser charges, in order to get you off their case list as soon as possible.

    If you decide to answer questions now without a lawyer present, YOU ARE REALLY, REALLY STUPID, and you probably deserve all of the heartache and problems you are about to cause yourself, not to mention the making your future lawyers job even harder, which will inevitably cost you more time and money that you don’t have.

    Oh, you have the right to stop answering at any time, but if we have gotten this far in the process, without talking to your lawyer first, you might as well start preparing your butthole for regular intrusions.



    Sent from my iPhone using Tapatalk
    LOL. Well put.
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,600
    God's Country
    LOL. Well put.

    I can’t take all of the credit for that. It was actually inspired by the person to taught my WC class a few years back. He spent a decent amount of class time talking about what to do should after a DGU. During which he said “You have the right to remain silent….“ but stress that the word “MAY“ was quite misleading, particularly to those who honestly felt they had done nothing illegal. The said you really have to have the phrase “WILL be used against you” in your mind, to really grasp the
    seriousness of the situation. That discussion stuck hard with me and changed my outlook of how I should interact with police. I have great respect for the work they do and have several officer friends. I’ve discussed this specific point with them, and they say it’s sound advice.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,689
    Glen Burnie
    I can’t take all of the credit for that. It was actually inspired by the person to taught my WC class a few years back. He spent a decent amount of class time talking about what to do should after a DGU. During which he said “You have the right to remain silent….“ but stress that the word “MAY“ was quite misleading, particularly to those who honestly felt they had done nothing illegal. The said you really have to have the phrase “WILL be used against you” in your mind, to really grasp the
    seriousness of the situation. That discussion stuck hard with me and changed my outlook of how I should interact with police. I have great respect for the work they do and have several officer friends. I’ve discussed this specific point with them, and they say it’s sound advice.
    You talk to the police 3 times.... 911,responding officers, and investigators. The least amount said, the better.
     

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