so who taught him the rules to carry?

[tim-adams]

http://www.opposingviews.com/i/socie...-got-wrong-man

OMG he not only did a Negligent discharge but he put it in the air...

*face palm*

I was taught to never pull the firearm until the justification to fire existed, there was not pointing, no ND, no threatening.

when you feel your life is in danger you draw and fire, I am not a LEO, I am not authorized to actually legally point a firearm at a person ( I think its Assault with a Deadly weapon)
this guy was way off the reservation..

now i will say that police should also have gotten the thugs who threatened him, but he messed that up with a ND.
all he should have done was shine his flashlight into their eyes and told them the police are on the way.
if they got within threat range with a knife or bat, defend you life.

*sigh*

[cstone]

Warning shots are a bad idea.

I would guess that a good attorney gets the charge down to unlawful discharge within city limits, which would be a misdemeanor just about anywhere.

Only him and his fiancée as witnesses, it makes anything on either side difficult to prove.

Glad neither he nor his fiancée were harmed.

[Bailey Guns]

“In some of the concealed weapons classes and firearm prevention classes I have taken, they have said, you know, it's good to fire a warning shot,” Harris said.

He needs to find better classes.

On the one hand I sympathize with the guy. On the other hand he did endanger other people by being stupid.

I wouldn't say "never pull the firearm until the justification to fire existed, there was not pointing, no ND, no threatening" is the right course of action. "Never" is a strong word and rules out using a firearm in many situations where you may not be justified or prepared to fire immediately, but prudence dictates having a firearm ready. A "bump in the night" at home is one case where you may want to have a firearm at the ready and not be ready to fire. Lethal force scenarios are dynamic and can change quickly. I also wouldn't have a problem threatening someone with a gun if the circumstances permitted. Such as, the "bump in the night" turns out to be someone attempting to make entry into my home. Say they're trying to break a door or window in order to enter. I don't see any problem at all with pointing the gun at them and even threatening to shoot them if they are successful in their attempt at gaining entry. As a matter of fact I'd say that's likely a smart thing to do. I'd much rather threaten someone with my gun than actually have to shoot them.

There are all sorts of situations I can imagine where pointing my gun at someone and threatening to shoot them, without actually shooting them, would be appropriate. Warning shots? NEVER!

[tim-adams]

clarify: I was speaking in a public CCW environment.
at home if I hear a bump I will be racking the AR, and seeing if I hear another noise of someone fleeing immediately..

having justification to shoot, and pulling the firearm and seeking cover is never a bad option, but the key is you are ready to fire, and as soon as you have a proper sight picture and background, your in action.

from my wife(the attorney) : pointing a weapon (loaded or unloading) at a person in CO is Assault with a deadly weapon. never point a weapon until its go time.
drawing the weapon and not pointing it, I am less clear on, could be considered brandishing a firearm, could be nothing.

key is, if you have solid justification before you weapon leaves leather, you should be ok in the end.

[tim-adams]

“In some of the concealed weapons classes and firearm prevention classes I have taken, they have said, you know, it's good to fire a warning shot,” Harris said.

He needs to find better classes.

I agree, I have had pistol classes from three people, all of them said do not discharge your piston unless you are in fear of life.
at that point you are NOT firing warning shoots..

[tim-adams]

Warning shots are a bad idea.

I would guess that a good attorney gets the charge down to unlawful discharge within city limits, which would be a misdemeanor just about anywhere.

Only him and his fiancée as witnesses, it makes anything on either side difficult to prove.

Glad neither he nor his fiancée were harmed.

+1

[Irving]

from my wife(the attorney) : pointing a weapon (loaded or unloading) at a person in CO is Assault with a deadly weapon. never point a weapon until its go time.
drawing the weapon and not pointing it, I am less clear on, could be considered brandishing a firearm, could be nothing.

I believe it is menacing with a deadly weapon, not assault. However, I'm not an attorney.

[tim-adams]

I believe it is menacing with a deadly weapon, not assault. However, I'm not an attorney.

I think Menacing is just pulling it, pointing it is AWDW (fear for thier life)..

[davsel]

I've pulled a gun on two occasions - problem solved - never pulled the trigger.

[Bailey Guns]

Pointing a gun at someone is not assault (unless the person is a peace officer/firefighter or other emergency responder and the intent is to cause serious bodily injury). Assault 1, 2 or 3 all require (for the most part) some degree of bodily injury. Depending on the circumstances it's either Menacing, like Irving stated, Disorderly Conduct or Prohibited Use of a Weapon. And there's no such thing as "brandishing" under Colorado state law. Depending on the circumstances even drawing your gun could be considered menacing as well.

I'm not trying to pick nits here... But there's enough confusion and misinformation floating around, especially on the internet, re: carrying a gun and defensive use of guns that it's important for people who carry for protection to understand what the law really says.

And keep in mind a person might be able to discreetly draw their weapon and have it at the ready (or more ready) without actually displaying it or pointing it at someone.