Hypothetical- ccw

If thats not a situation you would draw your gun, I don't know what is. If you are in fear for your life, react first, question later.
 
Like most of these types of "what if?" situation questions, that's an unanswerable question. I assume you're asking from a legal standpoint, and not a moral or pragmatic one. If he could convince a court that he thought he was in danger of immediate mortal or serious bodily harm, he'd have a decent affirmative defense against the assault.
 
it's absolutely ok to draw in that situation!

What are you supposed to do, wait until someone shoots you before making the decision that it's an acceptable self defense situation?


Seriously, MA is not a gun friendly place, but people spreading misinformation and rumors that you can't defend yourself in this state are doing a disservice to everyone.

Defending yourself with a gun in MA does not automatically equal murder charges. Who comes up with this shit?
 
Like most of these types of "what if?" situation questions, that's an unanswerable question. I assume you're asking from a legal standpoint, and not a moral or pragmatic one. If he could convince a court that he thought he was in danger of immediate mortal or serious bodily harm, he'd have a decent affirmative defense against the assault.

Why is there an automatic assumption that A) pulling your gun would result in you shooting it? My guess is that most muggers would turn and run when they saw you produce a gun. Draw and be prepared to shoot. You don't HAVE to shoot him just because you drew...and B) that there would even be a court appearance? Since when does every single self defense case in MA result in charges and court?

You need to make deadly force decisions on the fly. In a situation like this, if you hesitate to think about the potential legal consequences, you're drastically reducing your chances of survival.

ETA, I'm not giving my money to anyone, ever.
 
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B) that there would even be a court appearance? Since when does every single self defense case in MA result in charges and court?


i doubt that if someone tried to rob you and you scared them off with a gun that that person is going to go tell the cops.

"hey officer i was in the process of robbing this man of his hard earned belongings and he pulled a gun on me...arrest him"
 
i doubt that if someone tried to rob you and you scared them off with a gun that that person is going to go tell the cops.

"hey officer i was in the process of robbing this man of his hard earned belongings and he pulled a gun on me...arrest him"

I doubt it too, but I'd be calling the cops immediately. You never know who might see what, if a camera is there that you didn't notice. It's best to be the first one to call the cops.
 
Why is there an automatic assumption that A) pulling your gun would result in you shooting it?
.

Ok in this situation the person said they had a gun and maybe had it pionted at you through a pocket. Ok so you should draw and what? Wait if you hear his gun go off to decide to shoot?
 
Kill the bastard and leave.
Dont call the cops. Dont wait around for them. Save you alot of headaches
If he mugged you, there were probably no witnesses in the area either.


bad guy just becomes another random victim found on the street
 
i doubt that if someone tried to rob you and you scared them off with a gun that that person is going to go tell the cops.

"hey officer i was in the process of robbing this man of his hard earned belongings and he pulled a gun on me...arrest him"

It would never be worded that way. The scum are bright enough to know that the first caller is the 'victim' and will call and tell them YOU tried to rob him. When the cops arrive, there you are with a gun and the 'victim' will have nothing but a really well practiced 'I'm so scared' story.
 
Ok in this situation the person said they had a gun and maybe had it pionted at you through a pocket. Ok so you should draw and what? Wait if you hear his gun go off to decide to shoot?

That's for you to decide. I'm just not giving my money to anyone ever so..whatever that means to you.
 
It would never be worded that way. The scum are bright enough to know that the first caller is the 'victim' and will call and tell them YOU tried to rob him. When the cops arrive, there you are with a gun and the 'victim' will have nothing but a really well practiced 'I'm so scared' story.

Quote from the Globe the next day.
Muggers Momma said:
My baby didn do nuffin!
 
Why is there an automatic assumption that A) pulling your gun would result in you shooting it? My guess is that most muggers would turn and run when they saw you produce a gun. Draw and be prepared to shoot. You don't HAVE to shoot him just because you drew...and B) that there would even be a court appearance? Since when does every single self defense case in MA result in charges and court?

As I stated, I was only answering as to the legal angle as to whether the assault would be defensible in court. You are addressing moral and pragmatic aspects of the situation, and we do not disagree.
 
Recently my brother was mugged by an individual who stated he had a gun, but never produced it. My brother handed over his company cell phone and credit card and the kid ran away. No sweat to my brother, they were replaced the next day. This took place in Baltimore. If this situation occurred in MA, would it be justifiable to draw a CCW instead of a wallet? Just curiosity.
Yes, it would be justifiable to draw a firearm in that situation -- if someone tells you to give up your wallet because they have a gun, a reasonable person would consider himself to be in immediate danger of death or grave bodily injury.
 
Kill the bastard and leave.
Dont call the cops. Dont wait around for them. Save you alot of headaches
If he mugged you, there were probably no witnesses in the area either.


bad guy just becomes another random victim found on the street

that's brilliant! Then in the event that someone did see, you can explain to the cops why you killed someone in supposed self defense and then tried to cover it up. That will get you a murder charge.

I'm going to assume you're being sarcastic.
 
I would never advocate drawing and hoping the BG runs like he was advocating.

I thought you were asking "If I draw on someone that said they have a gun do I wait to shoot?"

That's what I got out of your question. I would hope you would empty your magazine centermass and check for a gun after.
 
And The Sheep Shall Inherit The Dirt...

I've seen enough muggings point blank in L.A. to realize that complying isn't going to keep you alive.

Exactly...This is not the movies. This is not a drill. There's enough video and/or news stories to reveal that if someone pulls a gun on you, compliance will get you shot anyway....

The problem is, people have been lulled into a false sense of security - even within our own ranks: "Comply and live" is not a principle that yields very good results. Thuggery has not changed much through the years, but what has changed is the lack of regard for human life. "Stick-em-up" is movie crap. In real life, compliance may just get you killed...
 
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I thought you were asking "If I draw on someone that said they have a gun do I wait to shoot?"

That's what I got out of your question. I would hope you would empty your magazine centermass and check for a gun after.

Exactly, If i draw, it is gonna get loud fast.
 
I doubt it too, but I'd be calling the cops immediately. You never know who might see what, if a camera is there that you didn't notice. It's best to be the first one to call the cops.

+1.... at least its this way in most of the US. Especially if your vehicle is nearby making you someone more than just a "john doe" with a physical description. Not to mention it might help the PD catch the POS that tried to rob you, preventing someone
else from meeting the same fate.

I know an individual who got into serious trouble in Philadumpia when he -almost- drew down on a bum that accosted him with a knife. The bum saw the gun in the holster, walked away, but then called the police and reported the "man who pointed a gun at him" (despite the fact that never actually happened, the gun remained in the holster, but that mattered very little at that point. ) The defender was ultimately cleared but was dragged through the courts down there. To top it off, this individual was a lawyer and had a good lawyer to defend him, and the whole thing was still a pain in the ass. A large part of that pain in the ass may have been alleviated if he had called the PD before the bum did. Most criminals are dumber than a box of rocks but if they can turn YOU into the criminal in the eyes of the law they will try to do that first.

In a thirld world country, the nike defense is generally always better, because the police are often criminals themselves. Not so much in the US.

-Mike
 
I would never advocate drawing and hoping the BG runs like he was advocating.

I wasn't advocating "hoping" anything. I'm advocating not giving your hard earned money to some scum bag.

Things happen quickly in these situations and you really need to be there and have it happen to you to be able to say what exactly you would do.

Bad guy threatens me saying he has a gun, my gun's coming out not my wallet. What guarantee is there that the BG isn't going to shoot/stab you after you give up your wallet?

I can't say for sure exactly what I'd do once my gun came out, it would depend on a lot of factors including the BG's body language, does he stand his ground, does he immediately book it?, does he quickly pull a gun out?

Of course there's a threat that he does have a gun and immediately shoots you through his jacket, but that threat was there from the first second of the encounter, no?

Chances are, if a BG approaches me in a poorly lit area and tells me "give me your wallet, I have a gun" then I just became truly fearful for my life. 'nuff said.
 
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