If you're going to carry a gun in order to possibly defend yourself with it if necessary, it behooves a person to know when and how to do so in accordance with the law. In other words, when can you pull a gun on someone if they are threatening you?
Every concealed carrier should be aware that they are responsible for their actions, no matter how justified they believed their actions to be. Drawing a gun is an act of lethal force, as doing so denotes lethal intent. Those who practice should be just as aware as well. Therefore, drawing a pistol requires justifiable conditions for doing so.
Bear in mind that this is not legal advice, merely a discussion about the topic of legally drawing a firearm in self defense if need be.
Drawing A Gun Is Always Brandishing - Circumstances Merely Justify It Or Not
The line between justifiably drawing a gun in defense of one's self and is a thin one. How is brandishing defined?
Brandishing is displaying a firearm or other weapon to intimidate another person.
In other words, if a gun or other weapon is drawn and displayed in such a manner as to intimidate, threaten or otherwise impress upon another person that deadly force is imminent, then that is brandishing. It's almost guaranteed that getting arrested or worse, convicted of it, will result in a person and possibly firearms priviledges.
A companion and often lesser charge is "Improper Display of a Firearm," which is a lesser degree of inappropriate displaying a gun. The exact definition and seriousness of the crime varies (in some jurisdictions it's a misdemeanor, a felony in others) but it's still criminally threatening another person.
However, here's the rub: pulling your gun on someone is always brandishing. The intent, even if defensive, is to intimidate or threaten, if not to shoot or kill. The question is whether a person can justify it. Likewise, shooting a person is attempted homicide or is homicide. The question is whether or not it's justifiable under the law.
When Can You Pull A Gun On Someone?
When can you pull a gun on someone? When a person would reasonably fear for their life or great injury. There are other circumstances where the use of force is authorized, though the exact nature of those exemptions vary by state. Many states allow the use of deadly force to stop an in-progress felony, such as armed robbery or sexual assault.
Depending on the jurisdiction, any witnesses must conclude that the pistol wasn't drawn or displayed with willful disregard for the safety or well-being of others. Not only must a hypothetical reasonable person do the same thing in the same situation; anyone who saw it must conclude the same thing.
In essence, when you can draw is the same as when you can shoot: if confronted with an imminent threat to your life or that of someone else. Since pulling the gun implies lethal intentions, those intentions have to be justified just as shooting must.
In short, don't draw unless you are fully prepared and intending to fire. If you intend anything less, then you are acting with potentially lethal intentions for less than a clear and present danger to life and limb.
More Instances Of Defensive Gun Use Involve A Draw Than Shooting
What few studies exist on defensive gun use indicate that far, far more instances of DGU involve only the drawing of a weapon than the firing of one. Many defensive uses of a gun go unreported and consist of a threatening person being alerted to the presence of a firearm and then making a hasty retreat.
Justifiable homicides, or the lawful killing of a felonious person in the midst of committing their crimes, only occur a few hundred times per year. While it's impossible to know how many DGUs occur consisting only of a drawn pistol - many instances go unreported - such encounters vastly outnumber defensive uses of a gun where the aggressor is shot.
While you shouldn't draw unless fully preparing and intending to fire, but it may be sufficient to ward off a threat.
CCW Training And Shooting Must Include The Draw
If one is going to conceal and carry, some and regular shooting practice is essential. Also, how a person shoots at the range should be altered to keep up the skills necessary to be competent with one's carry pistol.
Defensive shooting is not like target shooting. Aiming fire for a bullseye at longer distances will not set one up for success in a defensive scenario; there isn't the time or the distance.
The concealed carrier should ready for shooting up close and personal. That means different aiming techniques, such as point shooting or flash sighting. It also means practicing the draw stroke as much as possible.
Muscle memory will aid a person more than anything else. A practiced draw at the moment of truth will give you more of an advantage over an attacker than almost anything else.
When Can You Pull a Gun on Someone? FAQs
What legal conditions justify pulling a gun on someone?
Pulling a gun on someone is legally justified when there is a reasonable belief of an imminent threat of unlawful deadly force or serious bodily harm. The threat must be immediate, leaving no safe alternative other than to use force to protect oneself or others. The response must be proportional to the threat faced and align with the reasonable person standard in similar circumstances.
Does pulling a gun mean you can use deadly force?
Drawing a firearm signals a serious defensive posture but using deadly force is only justified if the threat involves imminent risk of death or great bodily injury. Simply displaying or brandishing a firearm to deter an attacker can be lawful if it is a reasonable response to the threat. However, discharging the firearm is reserved for situations where deadly force is necessary to stop the threat.
What role does imminence play in justifying pulling a gun?
Imminence is key: the perceived danger must be happening right now or about to happen immediately. Threats that are distant, future, or speculative do not justify pulling a gun. For example, you cannot lawfully draw a firearm to respond to a past insult, verbal threat, or a non-threatening confrontation.
How do "Stand Your Ground" and "Duty to Retreat" laws affect when you can pull a gun?
In "Stand Your Ground" states, there is no legal duty to retreat before pulling a gun if you are in a place where you have a lawful right to be and reasonably believe deadly force is necessary for protection. In contrast, states with a "Duty to Retreat" require a person to avoid using deadly force if safely possible by retreating, except when at home or under the Castle Doctrine.
Can you pull a gun to prevent a felony?
Many states allow pulling a gun in self-defense to stop certain violent felonies, such as robbery, kidnapping, sexual assault, or murder, when there is a reasonable belief that deadly force might be used by the aggressor. The justification for deadly force depends on the nature of the felony and the immediacy of the threat.
Is it legal to pull a gun on someone who is trespassing or threatening property?
Pulling a gun is generally not justified solely for property protection or against a trespasser who poses no immediate threat of serious bodily harm or deadly force. The use or threat of deadly force is limited to protecting oneself or others from lawful danger and not for preventing property crimes without personal danger.
What should be considered to ensure pulling a gun is legally defensible?
Key considerations include whether the threat is imminent and substantial, if the response was proportional, and whether less forceful alternatives like retreating were possible. Documentation and evidence gathering after the incident are critical for proving the legal justification of pulling a gun in self-defense.
Does the location affect when you can pull a gun on someone?
The Castle Doctrine allows individuals to pull a gun without retreating if unlawfully threatened inside their home, vehicle, or sometimes place of work. Outside these areas, the duty to retreat or stand-your-ground laws determine if pulling a gun is justified based on the state’s statutes.
Are there risks in pulling a gun even if it seems justified?
Legal consequences can arise if pulling a gun is deemed excessive or unreasonable. Law enforcement and courts will scrutinize the circumstances, including the level of threat, actions taken, and whether the response matched the danger. Improper use or display of a firearm can lead to criminal charges.
How does reasonableness influence the decision to pull a gun?
Reasonableness is judged by whether a typical person in the same situation would perceive an immediate threat justifying pulling a gun. The decision must be based on objective facts and circumstances, ensuring that actions align with legal standards for self-defense.