[tailspin]

If you had to pull your weapon to stop a threat (you thought your life was in danger) would you call the police and tell them of the situation that just happened. This could stop the BG from going to the police and saying some guy pulled a gun on him and you being arrested for aggravated assualt or brandishing.

Has anybody heard of any situations like this.

Thanks for your input.

 

[AirForceShooter]

If I hadn't fired I wouldn't call 911.
I know a lot of people will disagree with me.
Has anybody every heard of a bad guy calling 911?

And I'm sure not standing around to wait for the BG to come back with his buddies.

AFS

 

[NkmG19]

Just to be on the safe side I will be calling 911 100% of the time if my gun ever clears leather. It's not the BG I'm worried about. It's the bystanders that you don't see that will call 911 and report seeing a man with a gun. Not everyone is going to know that you are the one defending yourself and so they might even report that you are the aggressor. I would hate having to eat the pavement until everything gets sorted out.

 

[FLRon]

I just reviewed Jon Gutmacher's book called Florida Firearms 6th Edition which is the gold standard of the rules of the road of gun ownership in this State. Since once you actually draw your weapon you have already stepped into legal territory that is open for review, he states the following in Chapter 11, p.234...

911 - Use it!

The best thing you can do if you think you're being attacked, broken into, or about to be attacked, etc., is cal 911 or FHP if you are on the Turnpike. Tell them you are frightened! Tell them you think the guy may be armed, (even if you are not sure-- it's certainly not a lie in this day and age.) Tell them to hurry up and send somebody!

All this is being recorded. It's going to be used as evidence in your favor. If the police don't get there in a few minutes, call 911 again. It's going to be recorded again. The jury is going to wonder what the heck the police were doing while you're panicking out trying to defend home and family. Moreover, when the police do get there they already know that you're already the victim.

 

[clippermiami]

I think the two previous commenters make and excellent point. If you have to draw your weapon, and worse kill someone, you want as many favorable facts in place as possible.

And away from your home NkmG19 makes an excellent point --- there may be witnesses who report the incident and in the absence of your facts the authorities have little else on which to base their actions.

Like the old joke about voting, call 911 and call often.

 

[tailspin]

Thanks guys. Hopefully you will have enough time to call 911. I had not thought about the bystanders that may call the police.

I think that if I could not call before hand I would call after even if I have to leave the area. I do not think I would like weapons pointed at me and being ordered to lay down and then be cuffed.

 

[Rvrctyrngr]

Has anybody every heard of a bad guy calling 911?

And I'm sure not standing around to wait for the BG to come back with his buddies.

AFS

Happens all the time, AFS. BG calls first, says 'this crazy guy pulled a gun on me'. Now what?

First one on the phone is the victim in this game.

 

[deadeyedick]

If I had to draw the weapon to repel a criminal attack, whether I fired or not, I would call 911. If the SHTF to the point where I felt it necessary to clear leather, I would want the event documented just to CMA.

I experienced one situation where me and mygirfriend were bum-rushed by three a-holes as we walked through a parking lot and I simply swept my jacket back and placed my hand on my holstered 1911...the three BG's made a hasty about-face and retreated. I didn't bother to call the popo on that occasion.

 

[mortpes]

My goal is to not draw until I am ready to fire. I would call it in if I did draw.

 

[FishinGator]

i know this is an old post, but i was reading from the last page forward (since i'm a newbe here) and had to comment on this one.

I have a friend who felt he was about to be mugged. four guys (early 20s) saw him sitting on his truck tailgate late at night in his gf's apartment parking lot and split up to kinda surround him. he felt threatened and retrieved his holstered pistol from his truck and put it on his belt. when the guys got close enough to talk to my friend, they started talking trash, all he did was lift his shirt to expose the still holstered pistol to deter them from advancing anymore. he felt threatened b/c it was 4 against 1 and it was dark so he had no way of knowing if they were armed/ dangerous. they had already verbal assaulted him, so he thought he was being safe showing he was armed. the guys backed off and said something to the effect of, "man, what are you going to shoot us or something?" since they immediately left the area, my friend didn't think anything more and went inside his gf's apartment to go to sleep. well about a half hour later he hears the police pull up and start looking into his truck. he walks outside and says he owns this truck and could he help the officers, they of course draw on him and put him into cuffs. he is still confused at this point. well the 4 guys called the police and said some "Crazy guy is pointing a gun at everyone in the parking lot". he was arrested and charging with 4 counts of agg. assault with deadly weapon without intent to kill. his attorney told him that if he had called the police first to report a possible attempting mugging, that most likely he wouldn't have been arrested and the police would have filled out a report, gotten the discription of the potential suspects and let him on his way. his attorney said that since it is his word vs their words, that he would be better off if his words were heard first by the police, instead of after the potential BGs called it in.

now i'm sure there could be more to his story than he is telling us (his friends), but i'm using it as a learning lesson in that i will immediately call 911 if i'm in a similar situation. (granted i dont hang out in parking lots late at night, but he wasn't breaking any laws when the 4 guys approached him acting suspisously)

 

[Mac45]

A good rule of thumb is to contact the police whenever you use a firearm to repel an aggressor. This includes the display of the weapon, either holstered or unholstered. This, of course, pre-supposes you are carrying the weapon in accordance with the law. It is amazing how many aggressors retreat and call the police. Being criminals, they naturally lie. So, if you are threatened to the point that you feel that you have to display your firearm, call the police. Look around at bystanders and ask "Did you see that guy try to attack me?" Go to anyone who says, "yes", and ask them to stay and tell the police what they saw. Again, you would be surprised how often someone will actually stay and tell the police what happened. This can save you a lot of problems down the road.

One more thing. Be reluctant to allow the police to impound your weapon. Some officers, especially rookies, will want to impound it as evidence, as you are essentially reporting a crime, assault. Being the VICTIM, not the suspect, make it clear that you expect to leave the scene with the firearm in your possession. Always request a supervisor respond to the scene. You well may be asked to surrender your weapon upon the arrival of police officers. This is not an unreasonable request. However, unless you discharged the weapon, they should need no more than the make, model and serial number of the weapon for the report.

 

[Glock23-4-Me]

I would certainly call also if I had to pull my weapon, but I dont think I would show my weapon unless I intended to use it.

http://licgweb.doacs.state.fl.us/weapons/self_defense.html

on the doacs website listed above it states:

Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.

What if I point my handgun at someone but don't use it?
A. Never display a handgun to gain "leverage" in an argument. Threatening someone verbally while possessing a handgun, even licensed, will land you in jail for three years. Even if the gun is broken or you don't have bullets, you will receive the mandatory three-year sentence if convicted. The law does not allow any possibility of getting out of jail early.
Example: In a 1987 case, a woman refused to pay an automobile mechanic who she thought did a poor job repairing her car. They argued about it, and the mechanic removed the radiator hose from the car so she couldn't drive it away. She reached into her purse, pulled out an unloaded gun, and threatened to kill the mechanic if he touched her car again. The mechanic grabbed the gun and called the police.
The woman was convicted of aggravated assault with a firearm and sentenced to serve a mandatory three-year prison term. The fact that the gun was not loaded was irrelevant. Even though she was the mother of three dependent children and had no prior criminal record, the statute does not allow for parole. Her only recourse was to seek clemency from the Governor.

 

[FishinGator]

but I dont think I would show my weapon unless I intended to use it.

i'm with you on that one! my friend is now learning a very expensive lesson! his attorney said most likely he will get him off (maybe on a reduced charge) but he is still paying a large fee. he was told between 15k-25k by the time it is over, and he still might loose his CWL. it sucks for him, but i'm using this to learn from his situation.

 

[MPDC66]

Well, knowing what lies defendants used to tell about my behavior when I was a LEO, I agree with you that any incident where you show your weapon should be reported, if only to head off this type of thing.

Where I worked, when you had a fight or a stabbing or assault and two parties gave conflicting stories, policy was to charge "ADW , crisscross".

The charge in itself acknowledged that neither claim could be verified at the time and the Prosecutor's Office needed to sort it out. Both parties were arrested and charged at the scene. One of the parties calling as a complainant MIGHT have changed that as the other party will usually reveal some of the truth in defending his actions.

The situation has always been difficult to sort out in the absence of impartial witnesses. The four calling first put your friend in a bad spot and they probably knew it. It would be interesting to see the arrest records of all concerned. Obviously, if your friend was licensed to carry, his is clean.

I should add, unless they did more than just taunt with words, eg approach in a menacing way, specifically threaten him physically or display a weapon (bat, knife, whatever) he should NOT have shown the gun. The law has too fine a line here to act prematurely , even if most would empathize with the situation. At the point that a threat IS real and conflict imminant, don't just show, shoot. JMHO.

 

[jimmills]

Where I worked, when you had a fight or a stabbing or assault and two parties gave conflicting stories, policy was to charge "ADW , crisscross".

The charge in itself acknowledged that neither claim could be verified at the time and the Prosecutor's Office needed to sort it out. Both parties were arrested and charged at the scene. One of the parties calling as a complainant MIGHT have changed that as the other party will usually reveal some of the truth in defending his actions.

I have a real problem with that. We can't tell who is guilty so we are going to charge everybody in the neighborhood. That is just wrong!

Jim

 

[MPDC66]

I agree and we hated doing it. It was the Official Policy, however in DC at the time. (Late sixties, early seventies).

Most often, in my experience, it was utilized when there was a knife fight. Those were pretty common in DC then. The actual arrest report was filled out using, "ADW, Crisscross". The Prosecutor would then either "paper" charges or , more usually, accept pleas for lesser charges.

Policies are NOT dictated by the Police but by the local legal arm of the Government. In the case of DC, even though it is a municipality, it was the US Attorney for the D of C's office. The local authority, the Corporation Council, only prosecuted traffic and minor offenses. The Federal authorities were responsible for serious felony cases.

 

[LevelG27]

If I hadn't fired I wouldn't call 911.
I know a lot of people will disagree with me.
Has anybody every heard of a bad guy calling 911?

And I'm sure not standing around to wait for the BG to come back with his buddies.

AFS

In Gutmacher's book he says a lot of BG will and do call the police on you when brandishing a gun. Even though the BG was really the BG in the situation he/she will turn you in by calling the police and you now become the BG in the police eyes....

It sucks...

 

[XD-Man]

Always keep your cellphone handy - in a case like this, you can be almost certain that the BG(s) will be on the phone ASAP reporting an "assault w/a deadly weapon" and your call better beat theirs to the LEOs.

No one will ever see my gun unless I intend to use it actively. Better to have a dead BG and tell the cops that you were in fear of your life than threaten someone and have them report you. If I don't end up firing my gun, I will have the BG on the ground on his knees (or on his face) while I call the cops to report a thwarted assault against me.

And in a case like that, be sure that you make the LEOs know who you are and do what they say, lest you be taken out by mistake.

 

[Moylan1850]

Post draw, post 911

I can see the wisdom in calling 911 after drawing your weapon (in fear of your life or someone else's). But what next?

Do you stay where you are and hope the police show up before the BG return armed and with their buddies?

Is it acceptable to leave the scene and inform 911 where you will be?

 

[airhead]

I can see the wisdom in calling 911 after drawing your weapon (in fear of your life or someone else's). But what next?

Do you stay where you are and hope the police show up before the BG return armed and with their buddies?

Is it acceptable to leave the scene and inform 911 where you will be?

If you shoot (say in a WallyWorld parking lot). Don't stand out there in the dark, go inside.

Out in the park alone at night? Go to the nearest 7-11 - not the safest place, but better than out alone in the dark with the adrenaline pump on "MAX".

(and you might think to holster your weapon before you enter the store....)