CCW drawn... LEO's/Lawyers only please

jman511115

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NOT ME. Pulled this from another forum, it happened in Texas. My question, what would the police/lawyer/court reaction been if this had taken place in NY? Thanks.

This is a story that happened to me a few months ago. I want you all to read it, and think about what could have happened had it been you. Or what could have happened had I not been carrying concealed. Hell, just think what may have happened had it been your wife, or girlfriend instead of me and mine.


My girlfriend and I were in a neighboring town, and wanted to grab a late night snack before heading home. It was around 11 pm if I remember right.

We pulled into a fast food joint, and into the drive thru line. There were 4 or 5 other cars in front of us. Where we were parked, there was a road intersecting the drive thru line from my left. As we waited a truck pulled up in the intersecting road, and put the bumper of his truck close to mine like he was trying to cut in.

I decided that since there were so many cars in front of us, and we wanted to go home and watch the movies we had just rented, that I was not going to let him cut in front of me.

The car in front of me pulled up, and I did too. A little fast maybe, but I didn't want this shitbag cutting me off. (he was edging up the whole time)

The car in front of me was ordering, and I was talking to my GF, when the passenger of this truck gets out and comes walking up to my window. He knocks, I roll it down a couple inches. The following conversation took place:

Me: Whats up?
****tard: You ****in cut me off man!
Me: No I didn't, we've been sittin here for awhile.
****tard: yeah you did. You in a ****in hurry or what?
Me: No I didn't, now get away from my truck.
****tard: **** you bro, you ****in cut us off!
Me: "Get the **** away from my truck", and I went to roll my window up.

He walked away still talking, and walked by his door to the back of his truck.

At this point, I rolled my window back down a little more to hear what he was telling the driver.

He rummaged around in the bed of the truck for a second, came up with something that looked like a hammer to me. (witnesses later said it was a crowbar)

As he walked by his open door again, he said to the driver, "I'm gonna whip this guys ass."

(By this time, Employees were out of the restaraunt watching, and people in line front of us were as well. The guy in the SUV in front of me was telling ****tard to get back in his truck that this was stupid.)

When I heard him say he was gonna kick my ass, I told my GF to call 911, and stepped out of the truck while drawing my weapon.

I pointed it at the guy (who by this time was almost around the front of his truck), which would put him about 12 to 15 feet from me. I got a sight picture on his chest and yelled at him to drop what he had and get the **** away from me. At this time the driver opens his door (about 8 feet from me) and starts saying something about me having a gun.

The only thing I'm thinking at this point is, "shit. Multiple targets, multiple angles, 5 shot revolver, shit shit shit)" I pivoted to the driver and said for some reason, "get that kid in the truck and get the **** out of here fat man, if he comes closer I will shoot him in the ****ing face!"

I pivoted back to the one with the weapon and repeated what I had said. "drop the weapon and get the **** away from me"

He backed up a few steps, tossed the crowbar in the bed of the truck, and got in. They backed up, and hauled ass.


Thinking back, I should have proned his ass out and waited for the cops. I don't know what he was on or what he was thinking, but had I not been carrying, this situation could have turned out very different for me as well as my girlfriend.

I'm just glad he walked away when he did. I already had it in my mind if he walked around the front of his truck, where there was nothing between me and him and he could've rushed me, that I was going to shoot him.


A couple lessons:

1. I'm 6'3" and about 250. He was 5'9 or so, and maybe 150 soaking wet. Don't rely on you being big and intimidating to keep you out of trouble.

2. A 5 shot snub nose Smith is better than nothing, but consider the fact that you may be up against multiple attackers. Considering misses, and double taps, 5 shots may leave you reloading when you should really still be shooting.

Stay safe out there folks, you never know when a methhead is gonna think you wronged him somehow.




I hope I don't get crucified for this, but oh well if I do.




ETA: Pics of the GF have been posted before. I'm not gonna do it again you bunch of leg humpers.

If you want to see them, you'll have to find them.



ETA 2: Here's your ****in MS paint you bunch of unimaginative ****ers.
 

10-43 This 03

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If thats truly the way it happened then sounds good to me but I live in NC. The only thing I would have done different would be is to not cuss just ascert what your intentions are in a strong professional manner, granted Im LE and have diciplined myself to do that. You get out cussing and raising cane too it kinda looks bad but the situation was stressful and stuff happens. Hopefully this guy waited for the police and filed a report. If something happens like that then make sure you file a report.
 

FordSVTFan

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First off, NY is one of the toughest places to get a CCW. If you have one I suggest you read the law and the packet that comes with it from the State as that outlines your obligations and rights.

If you dont have a CCW in NY and are caught carrying you will wind up in jail. NY has a zero tolerance policy for carrying concealed illegally. Look at Burress.
 

jman511115

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First off, NY is one of the toughest places to get a CCW. If you have one I suggest you read the law and the packet that comes with it from the State as that outlines your obligations and rights.

If you dont have a CCW in NY and are caught carrying you will wind up in jail. NY has a zero tolerance policy for carrying concealed illegally. Look at Burress.

Yes, I know this. I am in the process of getting mine. Takes a year in Erie county. In the meanwhile, I read this situation on another forum and wondered how it would have played out had it happened in NY with a legal CCW holder.
 

FordSVTFan

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Yes, I know this. I am in the process of getting mine. Takes a year in Erie county. In the meanwhile, I read this situation on another forum and wondered how it would have played out had it happened in NY with a legal CCW holder.

If you reasonably believe that you are being threatened with immediate loss of life or serious bodily injury you can use deadly force to protect yourself. However, you are not permitted to brandish a weapon to scare someone away. So, this situation would come down to how far away from you he was and whether his intention was to harm your car or you.

Also, you dont have the option to "prone him out" and hold him for the police as that is not a right of a CCW. However, if you do that, then you are placing him under citizen's arrest and are subject to civil liability for false arrest.
 

mustanginky

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well, if the situation played out like that, then yes you are justified in doing so. if a person is coming at you with a weapon you have a right to defend yourself. it all comes down to believing you are in imminent danger of serious physical injury or death.

we had a recent case here where a former U of L football player was killed because he got into a verbal with someone at a club or something of that nature. long story short, he got out of his car and started beating up a passenger in another vehicle, driver ( a U of L baseball player, ironic) pulled his gun and fired one round at the player, hitting him in the hand, and going through his heart killing him. the baseball player has not as of yet been prosecuted, been about 2 weeks or so.

fwiw, i wouldn't pull my gun out unless i was ready to shoot personally. as a LEO i've had to draw my weapon to protect myself, luckily, didn't end up firing any rounds.
 

jman511115

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Ok, thanks guys. Do you think that the guy with the CCW, without shooting, did anything that the police could arrest him for in NYS?
 

FordSVTFan

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Ok, thanks guys. Do you think that the guy with the CCW, without shooting, did anything that the police could arrest him for in NYS?

It all comes down to the reasonableness of his action. A CCW holder should only display his weapon when the threat of serious bodily injury or death is imminent. It did not appear imminent in this situation and the CCW holder could be charged with brandishing a firearm, but unlikely.
 

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