Florida Concealed Carry banner

Can you shoot?

15164 Views 129 Replies 54 Participants Last post by  leonidasx117
You are approached on a Florida street by a man that gets in front of you. He lifts his sweat shirt to show you a gun tucked in his waistband. He does not put his hand on the gun. He only says "give me your wallet". At that point, would you be justified in shooting the man if you could?
1 - 20 of 130 Posts
He only says "give me your wallet".
I'd just lift my shirt, put my hand on that .45 and say, "Make me." :pistols I'd also draw my cell phone and make the call.
Yes, there are a million alternate scenarios possible, but the question still remains...is it legally justifiable to shoot after he shows the gun and makes the robbery intent clear.
I would like to know the answer to this as well. With our society in a downward spiral I keep reading about robbery and am unsure what to do.

If they show the gun I would consider that a threat on my life because I'm not sure that at any second they wouldn't draw it and shoot me because I'm not doing what they want. Is merely flashing a gun justifiable when I'm being threatened with robbery? If he has not drawn because he chosen to flash instead that gives me a chance to draw and possibly end the situation. If he flashes and I draw then I'm in control and he could possible run away. If he tries to draw then I get the first shot because I'm already ready to shoot. My next action would be to dial 911 and report the assault.

How do I know when to draw my gun and defend myself against this assault? Do they have to actually draw that gun in order for me to feel afraid for my life or is it enough that I know they have a gun and are threatening to rob me? Do I have anyway of knowing if my noncompliance will further anger them into drawing and killing me? Do I immediately draw and shoot without giving him the chance of drawing? When he drops to the ground his gun will not be in his hand and I would have to prove that I was afraid enough for my life because he showed me a gun. Will that fly in court?

I do not want to give them the benefit of doubt when I have a chance to save my life. If they have not drawn that gun there is still a chance that I could draw mine and be the one who lives.

I have no way of knowing whether they would draw that gun or are just using it as a threat to get what they want without resorting to further use of gun violence.

Answers, people. We need answers, please.
See less See more
Don't know if my 2 cents are right or wrong but here goes. If he shows me his gun, then me personally, i'm in fear of my life because I am being threatened with a deadly weapon. I he lowers his shirt back over his gun, like mamabear said, that gives me that split second to draw my gun, and for me, shoot the bastard dead. I'm not going to stand by while somebody threatens my or my families life. I immediately make the call. When the cop gets there, obviously, I was in fear of my life with a deadly weapon. Hopefully the courts will be in my favor:)
Means, Opportunity, Jeapordy....Check. :ak
While there is probably enough justification, legally, to shoot you should ask yourself IF you are in fear of your life or just "cleanin' up the streets".

If you are in fear for your life , by all means shoot. That is ALWAYS the criteria. Would a reasonable person fear for their life.

For the professionals and extremely well trained, the answer may be no, depending on the exact situation.
No. Not unless his hand is on the gun. That is only brandishing.
However you could draw on the BG. He is trying to rob you. Then if he makes a move to access his gun you can fire.
No. Not unless his hand is on the gun. That is only brandishing.
Nonsense. Displaying a firearm and making a demand for money is armed robbery.
Nonsense. Displaying a firearm and making a demand for money is armed robbery.
+1. Totally agree. And unless your Brownie, I'm guessing you'd be in fear of your life:laughing
Means, Opportunity, Jeapordy....Check. :ak
There's your answer folks...If someone shows you a gun, then demands money..thats armed robbery, a forcible felony, and justification to cease the threat or use whatever means you deem necessary to protect yourself.. Whether he has it in his hand or not, the intent is clear. Meet force with equal or greater force..
+1. Totally agree. And unless your Brownie, I'm guessing you'd be in fear of your life:laughing
:rolf:rolf:rolf
Yeah, I agree with the general premise, the BG would be going down. They've already made a tactical error by not going for their firearm, which gives ME the advantage. Why kick a gift horse in its' mouth?

As far as fearing for my life, yeah, I would be at that point. For him to reach into their waistband and pull out the weapon would be a matter of a split second in any case, so I'm not chancing it.
This is what we all should do - play this scenario out in your mind. Remember, you are always going to be split seconds behind the bad guy. For whatever it is worth, I have tried to envision these types of circumstances in my head and made decisions. I am hoping that by having previously thought through the incident, I would have a subconscious predetermined action which might save some micro seconds.
Not a lawyer but The law states that if they make a threat and have the means to carry out such threat then you are justified.

Threat: Demanding money while showing consequences (gun)
Means to carry out threat: Aforementioned gun!

I don't personally think I'd give him a chance to shoot me! If you reach for your wallet he's liable to see your gun and then what? You've contributed to someones robbery or death by giving him another gun.

Bad situation all around!:thumbsdwn
+1. Totally agree. And unless your Brownie, I'm guessing you'd be in fear of your life:laughing
+1 :rolf

At my age fighting the BG or running are not very good options. That means I will turn to my gun as my first method of defense.
Please allow me to clean up a thing or two here and then I'll chime in on my personal feelings.

One, when the man shows you that he is armed with a deadly weapon and demands money, that is a blatant threat to use the weapon if you do not comply. All you need is the threat of violence against a person to obtain property to have the crime of robbery. You could probably justify stepping back, drawing your weapon and shooting him.

Second, Florida law gives you the right to draw, or display, a firearm in public, in legitimate self defense. You do not have to wait for the BG to draw his weapon before you can draw yours.

He has made a tactical error in not having his weapon in hand when he confronted you. That gives you an edge and it should be exploited. I would most certainly step back, draw my weapon and take dead aim at him. I would not shoot him at that point. To access his weapon, he has to clear his shirt, his waistband and level it in my direction. I have only to react to his movement and squeeze the trigger. I would tell him to put his hands above his head and turn around and drop to his knees. Several things can happen at this point. He can comply. At which point I would simply call the police and hold him at gunpoint until they arrived. He can turn and run. If he does that, I would allow him to leave while tracking him with my weapon. He could attempt to draw his weapon, at which point I would shoot him until he is no longer an immediate threat. In any case, I would immediately call the police and report the incident.

My personal feeling is that you only shoot when necessary. We are talking about self defense here, not execution. You do not necessarily have to shoot and/or kill someone to defend yourself. Killing people causes you all sorts of problems, both legal and personal, that you really do not need. Besides, it really strengthens your case if witnesses testify that they heard you yelling for the BG to stand still, not to draw his gun, to put his hands up and to turn around. Make it academy award stuff. It helps you if you have to pull the trigger. It also helps to realize that in a case like this, this is probably not the BG's debut. He very probably has a lengthy rap sheet. That places us ordinary folk at an advantage in the investigation that will follow.

Momma Bear's post shows that she is thinking tactically. She recognizes that she must take control of the situation and that, at the same time, shooting the BG may not yet be necessary. If, in her mind, the situation deteriorates to the point where it becomes necessary to shoot her assailant, she is mentally prepared to do so; probably several times over. Even in simple scenarios like this one, there are no really simple answers. Though mental and physical training increases your available responses. That is why scenario questions like this one are always good.
See less See more
I would like to know the answer to this as well. With our society in a downward spiral I keep reading about robbery and am unsure what to do.

If they show the gun I would consider that a threat on my life because I'm not sure that at any second they wouldn't draw it and shoot me because I'm not doing what they want. Is merely flashing a gun justifiable when I'm being threatened with robbery? If he has not drawn because he chosen to flash instead that gives me a chance to draw and possibly end the situation. If he flashes and I draw then I'm in control and he could possible run away. If he tries to draw then I get the first shot because I'm already ready to shoot. My next action would be to dial 911 and report the assault.

How do I know when to draw my gun and defend myself against this assault? Do they have to actually draw that gun in order for me to feel afraid for my life or is it enough that I know they have a gun and are threatening to rob me? Do I have anyway of knowing if my noncompliance will further anger them into drawing and killing me? Do I immediately draw and shoot without giving him the chance of drawing? When he drops to the ground his gun will not be in his hand and I would have to prove that I was afraid enough for my life because he showed me a gun. Will that fly in court?

I do not want to give them the benefit of doubt when I have a chance to save my life. If they have not drawn that gun there is still a chance that I could draw mine and be the one who lives.

I have no way of knowing whether they would draw that gun or are just using it as a threat to get what they want without resorting to further use of gun violence.

Answers, people. We need answers, please.
MamaBear is seriously on vacation from school already! Can we say 'brain dump'?! :rolf *Don't tell my kids*

This particular role play is good for my thinking. I'm out and about with the kids all the time and would think that this scenario would be possible. I've not roll played the O.K. Corral in my mind but some serious mind training must take place so we have a rehearsed reaction ready should the need arise.
"I've not roll played the O.K. Corral in my mind but some serious mind training must take place so we have a rehearsed reaction ready should the need arise." - MamaBear.

Exactly.
Great Training!

I thought I had my response thought out well until I read Mac45's.

Mac45 added the option to allow the BG to surrender or run. Truly a difficult choice because given the scenarion (I don't care if you're Chuck Norris) your life is in danger and something bad can go wrong.

Here's my play:

"Well .. I only have a few dollars" stepping back slowly with my right leg, turning my draw hand to my gun (out of view and not raising BG's adrenaline, since I appear to be complying).

When I turn back my gun will be drawn and as I chamber a round I would tell him to put your hands on your head and I won't kill you where you stand. If you don't want to die do not move.

I would keep my eyes on his hands and with my left hand call 911 (making sure I never break eye contact on his hands and that I am also a good distance back to prevent him from disarming me.

Any flinch, movement, twitch ... and I will unload until he is down. At that time I would kick the weapon away and keep an eye on him until the police arrive.

Only when I hear or see the sirens would I drop the magazine and place my weapon on the ground, standing strait up and signaling with open hands above my head to the police.

*The difference between giving the BG the chance to surrender or immediately firing is a tough one. You may save the BG's life (and there is some nobility in this) but you risk your own, at the potential loss to your family and freinds.
See less See more
1 - 20 of 130 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top