Pulled on an intruder

[The Rabbi]

This thread sparked a lot more comment than i would have thought. The young man ran the width of one lot & part of another - 90' in the street, up my drive 40' & then down the walk from the drive to the house 30'. as soon as he started down the walk I started telling him to stop, he got too close 10 - 15' before I presented my weapon. I could tell he did not have anything in his hands but I have about 40 years on him & could not tell his intentions. Quess I should have replied earlier as I was watching the thread develop but chose not to.

OK, 10-15 ft on level ground is certainly contact distance and definitely a threat. Thanks for clarifying. I would hope I would do the same in that situation.

[Guest Engloid]

He says he "showed" it. That could mean any number of things. If he did not point it directly at the kid (and he has a valid permit), then he didn't "threaten" or "brandish."

So the fact that it's not pointed at somebody means that it's not a threat? nopie...

It can easily be a brandishing charge, even if the gun is not even taken from a holster.

He was on his own property, isn't there some law about not having to retreat? He did great and his neighbor's friend is lucky.

You dont have to reteat (in TN), reguardless of where you are. However, based on what the OP said, it would be hard for him to prove that he had faced a deadly threat.

Here's how I was taught to look at it:

If the "attacker" has done something that would constitute a deadly threat, you can respond with the same (showing and/or using your gun). Otherwise, you can be charged with brandishing.

[Guest c.a.s.]

We went over the "brandishing" argument in another thread. Not removed from holster=not brandishing. Brandishing, by definition, it waving it around in a menacing way.

And he himself went over the "threat" a page or a few back. Someone without a shirt on running at you doesn't constitute a threat? Especially if they don;t stop after you tell thme to twice?

[Guest Steelharp]

Sorry, Engloid, you're just flat incorrect.