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Hypothetical Scenario


Guest aaron_wil

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Guest aaron_wil

I just finished my class and I thought of this question after the fact and would like some input.

Let's say I am out and someone comes at me with a knife/bat/whatever. If I draw and the assailant immediately disarms themselves, what then? I know I am not allowed to use my gun for a "Citizen's Arrest" but, I am no longer in immediate danger. I also don't want to let them go, just to come back with a few friends and/or guns.

Thoughts?

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You can use "reasonable force" to make a citizen's arrest, but I would probably just hold them at gun point and call/have someone call 911. There have been several cases here in TN where this has been done, now if they try to run I wouldn't go after them obviously. I break it down like this and I think most will agree and you'll be good in the law's eyes.

If they disarm and surrender hold them at gunpoint until police arrive or if you do have the means to physically detain them do so, but use EXTREME CAUTION in doing so.

If they run, let them go and be an excellent witness to the police.

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yup, if they run away, let them go and be a good witness.

Get yourself to a safe place and call the police and file a report as well.

Some have said it is best to be the first to file a report, in case the other person files a report saying you came after him.

BTW, not a lawyer and I did not stay as fancy hotel last night either.

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Have to agree on if they leave, let them go.

Also is you or someone has called the police listen to their commands and be ready to lay your weapon down and you too probably until they get it sorted out. Might be a good idea to give them information that you are armed and holding the subject during the call.

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I am going to play devil's advocate for a minute. " If I draw and the assailant immediately disarms themselves", Is this disarming happening as you are drawing your weapon (a slow draw I am guessing) or are you pulling your weapon, getting a bead and not immediately shooting, hoping the sight of the drawn firearm is enough to stop the threat? or......

What I am getting at is this, If I have deemed it necessary to use my firearm, then it is time to use my firearm. I am not going to be pulling it, with enough time left to have a conversation.

Not trying to pick a fight just curious. We have had this debate before I am on the side of not ever, ever, holding someone at gun point. I am not trained in negotiating. My weapon is an absolute last option, and ugly option, that when it is time to exercise should be done as quick as possible and again as a last and final resort.

Now if while I am drawing they decide to disarm and give up before the barrel is ever aimed at them (which would mean I have a very slow draw) then I am not sure what to do, because I do not feel comfortable with holding someone at gunpoint.

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Guest aaron_wil

Now if while I am drawing they decide to disarm and give up before the barrel is ever aimed at them (which would mean I have a very slow draw) then I am not sure what to do, because I do not feel comfortable with holding someone at gunpoint.

That's kind of the situation I was referring to. You never know what could happen in a scenario. A quick draw one has practiced could become a slow, awkward draw when under extreme stress. You'll never know until you have to do it and we all hope to never have to. You can only train and hope the muscle memory does its job.

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I agree that you should be ready to use when you draw.

However as has been said, it is possible the assailant could disarm before you are fully aimed.

As far as holding at gun point...that is iffy. In my house I don't think I would worry about it as much as on the street. I'm not saying whether someone should or shouldn't, my advise on being ready to disarm for the police etc... was for if you did choose to.

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