BG flashes weapon? What are your choices?

1951 Views 16 Replies 12 Participants Last post by Rvrctyrngr, Sep 4, 2009

MattB.

Discussion Starter · Sep 3, 2009

I'm sure this topic has been covered before but if so I do not remember reading it and a search of the forums did not pull up an answer.

If you are at work, out shopping or approached on the street and a BG lifts his shirt and flashes a weapon what are you allowed and not allowed to do?

Does the weapon actually have to be out and aimed at a person before you are allowed to draw your weapon and defend yourself?

On another thread it discussed a Dollar General store being robbed and the employees and customers were herded into the back room.

If you were there and robber had lifted his shirt flashing a weapon but did not actually draw it what would you do?

Would you take the chance that he/she would just collect the money and leave and not further escalate the situation

or

would you not take the chance and fire on the assailant knowing at any moment he could change his mind about leaving witnesses and execute everyone.

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Glock23-4-Me

· #12 · Sep 3, 2009

MPDC66 said:
An announcement of a robbery with a weapon flashed IS AN ASSAULT and the opening step of a FORCIBLE FELONY. You have the right to both stand your ground and defend yourself with deadly force since a reasonable person would assume the showing of the gun meant the BG was threatening to shoot you if you don't comply.

Okay, I understand the point you are making but as a analytical *** that I am, I feel the need to slightly correct you. An assault is the threat to do bodily harm. I believe lifting the shirt revealing a firearm and stating he is robbing the place is not an "assault". If he says that he will shoot you if you dont comply, that is assault or technically aggrivated assault. You also state that it is the "opening step of a forcible felony". It's not the "opening step" it is in fact a forcible felony. Nothing else needs to be done or said for a forcible felony to have occured. Telling someone you are robbing the place is a forcible felony by f.s. even if he did not flash a weapon.

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Glock23-4-Me

· #16 · Sep 4, 2009

MPDC66 said:
IF the victim believes that showing the gun is an indication that non compliance will meet with deadly force (reasonable in this circumstance) not only is the showing an assault, it is an element of an armed robbery. Read again, an assaut occurs in the MIND of the victim, NEVER the intent of the BG.

If you show your gun to someone, kidding around and they believe you threatened them, YOU are guilty of ADW, not merely "flashing" or failure to conceal the weapon. In the other person(s) mind, they have been the victim of an assault by you!

The law is pretty universally clear on the elements that constitute assault and this is not a new concept. Trust me on this one!

Another way of looking at it, Robbery with a gun consists of an armed assault and a larceny. The ADW is considered a "Lesser included Offense". Sometimes in a plea agreement, a robber is allowed to plead to the larceny part to avoid the much stiffer penalty for the assault portion of the crime IF no one is actually injured. However, anytime a weapon is shown with a demand for something you have, you have been assaulted in the eyes of the law. Could you say there was no assault if, instead of flashing and showing you the gun he had held it pointed AWAY FROM YOU? No and the same legal principle applies, even though the gun was not pointed directly at you, you understood that showing it meant he might use it.

okay, you got me. I can agree with that.

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