What would you do if you heard glass breaking and it sounds like it’s coming from your driveway? Would you look through your window to see what’s happening? Or go out to your driveway to check it out?
That’s what happened to Rick. He has a car that is quite popular, not just among car lovers, But among car thieves too.
So, he put an alert device in it. That way, if someone tries to tamper with it or steal it, he gets a notification on his phone.
Just a few days ago, Rick heard glass break outside his window. He didn’t get a notification about his car, so he stepped outside to see what’s going on, only to find two hooded men trying to steal his neighbor’s car.
He yelled out after them, hoping they would scatter. Instead, one of them took out a gun and shot at Rick multiple times.
One of the bullets went through Rick’s neighbor’s window and barely missed his neighbor’s head.
Rick, who had a concealed carry permit, pulled out his legally owned firearm and returned fire. One of the men fled on foot, and the other took off in the stolen vehicle.
The man who fled on foot collapsed four blocks away. The man who took off in the stolen car crashed into a parked car shortly after. Rick, thankfully, was unharmed.
Did Rick make the right decisions? Let’s ask ourselves the big questions.
#1. Could this situation have been avoided?
Yes!
Suspicious noises outside our home will create curiosity. We must understand, though, that it could be anything from a cat knocking over a trash can to, well, criminals.
So, going outside to investigate can result in anything from a chuckle to a deadly encounter. In Rick’s case, it was the latter.
Granted, Rick wasn’t looking for trouble. He did not walk out with his gun in hand. He was attacked with deadly force and responded with deadly force.
However, had he stayed inside his home, he would have been able to avoid the deadly confrontation. His lawyers will now have to explain how his actions were justified and reasonable. That may be a tough one.
#2. What level of force could he use?
Well, as we said earlier, he responded to deadly force with deadly force. When he was fired upon, I dare say he had a reasonable belief of imminent death or great bodily harm. In most states, that’s allowed because Rick is in a place he has a right to be and he is not committing a crime.
The sticky part, in my opinion, is if he had to justify his actions in front of a jury, they may question why he had to exit the safety of his home to begin with. To them, a reasonable person may not do it.
To protect another human being? Perhaps. To protect property? No (unless you’re in TX).
And #3. Where is the line in the sand?
The line in the sand is when we have no other choice but to present our firearm from concealment and shoot. On the surface, it seems as if Rick had to pull out his gun and return fire. However, had he stayed inside his home or at least remained unnoticed, the shooting would likely not happen.
Yes, a car would be stolen and can be replaced. Rick, however, is likely in for a rough legal ride because his line in the sand was not crossed. He had better options.
Now to some of us, this may seem unfair. I agree. Unfortunately, “IT’S NOT FAIR” is not an acceptable legal defense.
As law abiding gun owners, we take on a huge responsibility. We are already under a microscope. We have to navigate a minefield of scrutiny at every turn. And every bullet has an army of lawyers ready to pounce. So, our best option is to be as knowledgeable as possible in the lawful use of force and as skilled as possible in the use of the weapon of our choice, whether deadly or not.
If the reason you own a firearm is self-defense, be it home defense or concealed carry, every class you take and practice session you have should be performed with that in mind. Your instructor should teach you real life application of both firearm skills and the potential legal applications and consequences as your state’s concealed carry law dictates, so that you are empowered to make better decisions when faced with a threat.
Ultimately, if and when you have to use force in self-defense, the responsibility falls squarely on your shoulders.
So, make sure you get professionally trained, become knowledgeable with your state and local self-defense laws, carry self-defense insurance, and practice with self-defense in mind consistently and deliberately over an extended period.
You will fight the way you train. So, make every lesson and practice session count so that you’re not only hard to victimize, but also hard to convict.
Train hard, often, and SAFELY!
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