so who taught him the rules to carry?

[mcantar18c]

I'd much rather threaten someone with my gun than actually have to shoot them.

Read: "I'd much rather let a potentially violent, deranged person with obvious disregard for the law, who now knows where I live, know there are firearms and maybe other cool things he can get a lot of money for on the street in the house and then send him on his merry way with a potential grudge against me."

That could be an invitation for future problems for you, and is likely a guarantee of future problems for somebody else down the road.

[Colorado Osprey]

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

8-9-106. Disorderly conduct

(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.

(3) An offense under(1)(f) of this section is a class 2 misdemeanor.

18-3-206. Menacing

(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or

(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.


Don't forget that a lot of municipalities have brandishing ordinances as well that under state law would fall into disorderly conduct .

[Singlestack]

Yeah - perhaps could be, but I believe much more likely not to be the case. Circumstances mean everything, and shooting under the wrong circumstances can get you in jail, lose everything you own, and ruin your life. You might want to consult with an attorney on the aftermath of a shooting. Pretty darn sobering.

[Rucker61]

Joe Biden said to fire warning shots. That right there is sufficient information. If Joe says to do it (whatever "it" is), it's the wrong course of action.

[Ronin13]

Read: "I'd much rather let a potentially violent, deranged person with obvious disregard for the law, who now knows where I live, know there are firearms and maybe other cool things he can get a lot of money for on the street in the house and then send him on his merry way with a potential grudge against me."

That could be an invitation for future problems for you, and is likely a guarantee of future problems for somebody else down the road.

Woah, slow down there, hoss. How did it go from pointing your gun at them to them now knowing exactly where you live? That's a bit excessive.

Thanks to Bailey for clarifying... I was just going to say tim-adams, your wife must not be a criminal attorney, as pointing a gun at someone is menacing, not assault. Either way, when CCWing I use the Katana rule- my sword (gun) doesn't leave the scabbard (holster) unless it's going to be used.

[MarkCO]

Word choices are important, both in our discussion, and in what you say. "Threatening" to shoot someone or even the "Don't make me kill you" are words which, given the right set of circumstances, can get you in trouble.

Leave me alone, get away from me, please let me go are all "better" phrases to use if your actions and words are to be scrutinized by a Jury. Fact is, in any encounter that is hostile or aggressive in any manner, your actions and words are all you can control. Diffusing the situation, if possible with words that could not be consider badgering, escalating, etc. is the way to train yourself to act.

WRT the OP, yes, the words he used and the choice he made might not have been the best, but he is alive and his fiancee is as well. Had he not been armed, probably different outcome. Maybe he has learned a lesson and won't be walking home at night again in the same manner. Maybe he has learned his lesson and will get some better training on the proper use of lethal force. Maybe he will self-analyze his actions and what he (or his fiancee) did, or did not do to be the focus of the group who targeted him. Lessons learned without loss of life or bodily harm are, in general beneficial lessons.

[tim-adams]

good stuff here, cause someone said it right " this varies by state, and sometimes by city or county"

know the law in your area so you understand your options..
this guy did not know the law..


I do agree that he is likely to be given a smack on the hand and told not to do that. (likely lose his CCW for a while)

[mcantar18c]

Woah, slow down there, hoss. How did it go from pointing your gun at them to them now knowing exactly where you live? That's a bit excessive.

Did you read BG's post that I was responding to? He's specifically referring to a "bump in the night" incident and encountering someone attempting to enter his home.

[Irving]

If I'm walking with my wife, and we get surrounded by say, 5 guys, who say they are going to do something, there is pretty much no way I'm going to be able to prevent them from doing whatever they want. In that situation, I have to imagine that I'd enter a state of duress pretty quickly. At what point is a verbal threat from someone enough to engage? If some random dude says something, and only says something, that isn't enough reason to engage in my opinion. If it's 5 dudes, that's an entirely different story. Thoughts?

[davsel]

Either way, when CCWing I use the Katana rule- my sword (gun) doesn't leave the scabbard (holster) unless it's going to be used.

I am certain you are aware of multiple reasons why you may want to have a gun in your hand, at the ready, and may not pull the trigger.
Cops do this all the time. It is not a matter of threatening, it is a matter of readiness.
Hesitation, or waiting until you've determined you are going to shoot before drawing, may get you killed.

If looking down the barrel does not change a thug's mind, it's time to shoot. They usually understand the message and run.