Incedent got me thinking.....

Thanks, good info....as stated steps are being taken to remove the individual permanently. Just for the record I would never pull unless I meant to pull the trigger. The scary thing is the guy wasn't even drunk. Bartender confirmed he only had 4 beers in about a 5 hour period. A side note if you saw the size of this guy compared to me a jury would probably not have to much trouble thinking I was afraid for my life....Frankensteins monster comes to mind lol

So how did this turn out? Was the guy removed?
 
My question is if someone one is threatening me with physical violence am I justified for puling my firearm and warning them off and ultimately firing on them should they not back down?

Absolutely not. However, if it does turn into a fist fight this does beg the question of, "when is a fight just a fight or a fight for your life". There are certainly plenty of instances of one or two punches that have either killed or permanently brain damaged individuals, but the childhood response(not to the individual but in your own head) of "sticks and stones may break my bones but names will never hurt me" should be followed. The "when is a fight just a fight or a fight for your life" is something i have struggled to get answered after countless courses with well known instructors who can't really answer this either. Verbal threats are not enough reason for lethal force, but having this "documented" by LE or your club would be the way to go. remove this jackass and be done with him.
 
Go read Chapter 627. It will explain when you can and cannot use deadly force.
Section 4 is the one you want, but if you carry in NH, or have a gun for defense in your home, you had best read all of it to ensure you know what is justified in NH.

http://www.gencourt.state.nh.us/rsa/html/lxii/627/627-mrg.htm

This part seems to support brandishing in the right situation:

"II-a. A person who responds to a threat which would be considered by a reasonable person as likely to cause serious bodily injury or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person making the threat shall not have committed a criminal act. "

I guess you can say "Under Title LXII, Chapter 627, Section 4, I ask you "What up now!""[rolleyes]
 
So you draw your gun because some jerk is mouthing off. What if he isn't impressed with your gun and keeps mouthing off? Then what? Are you going to shoot him?
 
So you draw your gun because some jerk is mouthing off. What if he isn't impressed with your gun and keeps mouthing off? Then what? Are you going to shoot him?

I was talking about the wording of the law, not the situation of the OP. IMO, even a shove may not warrant pulling a gun (it depends on the circumstances and if you truly fear for your life and/or physical well being). If you can run away, you should. If you pull your gun, it better be because you need to shoot him to save your life or preserve your physical well being. I agree with your posts in this thread.
 
I was talking about the wording of the law, not the situation of the OP. IMO, even a shove may not warrant pulling a gun (it depends on the circumstances and if you truly fear for your life and/or physical well being). If you can run away, you should. If you pull your gun, it better be because you need to shoot him to save your life or preserve your physical well being. I agree with your posts in this thread.

I would say a shove sure as heck wouldn't warrant pulling your gun, less they were trying to shove you off the roof of a building or the like.
 
Come mid November, there is no longer a requirement to retreat before you can legally use deadly force. All the other factors of when you can use deadly force still apply, but the ability to retreat has been removed from the equation. Also the legislators in the same bill did something with regard to brandishing, in our favor, but I'm not sure what exactly they changed about the brandishing law.
 
Back
Top Bottom