One of the blogs I read recently posted about a potential situation they encountered that could have resulted in pulling out the old concealed carry to conduct some business. I know about castle law and stand your ground law but I wanted to know what everyone thinks about a "good Samaritan law for gun play". To my knowledge the only time you are authorized to use deadly force is if you are under direct threat of harm. Self defense requires an assailant. The person with the gun must feel their life is in jeopardy in order to fire their weapon.
That means you can't interfere in a robbery or car jacking or purse snatching by shooting the low life just because your gun is handy. That is vigilante justice and it is illegal as all hell. If I am wrong about this please post a comment and correct me. The second amendment guarantees your right to bear arms. There is however no mention made of shooting them. Is the right to use them part of the amendment. NO. The law of the land prevails in such circumstances. The 2nd amendment does not make you a policeman. You are still a civilian, a private citizen.
Has there been any cases like the theater shooting or the school shooting where a person with a concealed weapon took action and prevented a crime from taking place who was exonerated of all wrong doing. If you accidently shoot an innocent bystander are you held accountable or are you exempt from prosecution because your heart was in the right place and you were just trying to help. ( theater shooting for example) I think you know the answer to that.
I am under the impression that concealed carry is for personal self defense. Until the nut bag or criminal or whatever points his weapon at you, you have no legal reason to shoot him. If I am wrong about this please write and explain it to me. I am sure all this is covered during the extensive 8 hour course you must complete to get your permit but I doubt the subtle nuances of the law are covered to any great extent. This leaves the permit owner open to all manner of liability if he uses his weapon without just cause.
With all the firearms enthusiasts out there surely someone can answer my questions. For example, it is not enough to be holding a gun, the assailant has to point it at you. At that point he has already committed a felony which is called " displaying a weapon in a threatening manner". Since you are not to point your weapon at anyone you do not intend to shoot, at what point does your weapon come into play?
I realize that some of these questions answers will vary from state to state but there should be some guidelines that are universally accepted. Here is your chance to talk about GUNS! I live in an open carry state and there are pretty cut and dried rules on what you can and cannot do. Of course, I live in a state where all the ranchers have gun racks and there are rattlesnakes, coyotes etc. Tell me what your views are and if you can cite your sources. thanks,