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Concealed Weapons

Discussion in 'Legal & Political Archive' started by TheLews, Nov 30, 2009.

  1. TheLews

    TheLews Vancouver,wa Member

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    Is it illegal if you feel that you are being threatended by someone to show them you are packing? I was coming home from taking my daughter to school and well to make a long story short a very large woman was pissed and came knocking on my car window and I thought she was going to yank me out and beat the tar out of me. All the while my 1 and 1/2 yr old and 5 month old were in the back seat. If I was carrying would it have been illegal for me to show it to let her know that I was not going to put up with someone messing with me or my children?
     
  2. PlayboyPenguin

    PlayboyPenguin Pacific Northwest Well-Known Member 2016 Volunteer

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    First off, I think you mean concealed. :)

    If you are actually threatened it is not illegal to show your weapon. it might not be wise but it is not illegal. Brandishing laws come into affect when the intent is to intimidate or harass. When you are under attack these do not apply. You might get charged, but you will not be convicted if you have even a decent lawyer. I had a friend charged with "brandishing" his weapon to deter a couple thugs in Atlanta once. I personally pulled mine once myself but was not charged.

    I personally would not show my weapon in the situation you put forward.
     
  3. wakejoe

    wakejoe Beaverton, OR Well-Known Member

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    I keep my gun visible in the car for just such an occasion. :)

    It can't be brandishing if it's just sitting there.
     
  4. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    One thing I would do is immediately report the incident to the police because you can be sure the woman will be calling the police and tell them you threatened her with a gun while she was politely asking you about cute kittens.
     
  5. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    +1 You don't want her to be the only one to call the police. Then you have to prove your side rather than her having to prove hers.
     
  6. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    I wouldn't feel threatened by anyone yelling at me through a car window so I think showing your weapon would have been needless brandishing. If she'd been trying to break in, that would be a very different situation.
     
  7. glockguy

    glockguy Albany Oregon Well-Known Member

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    I woulda Just rolled down the passenger window and tossed a doughnut over the car. im sure that woulda distracted her
     
  8. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    hahahahahahaha

    i can picture it now.

    YOU SOB, I AM GOING TO KICK YOUR ow doughnut, nom nom nom. hey where did he go.
     
  9. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    :laugh::laugh::laugh:
     
  10. wavo

    wavo Portland Member

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    I like the donut idea but since I don't regularly keep a fresh dozen of Krispy Kremes in my car wouldn't this be a good place to also have mace? In addition to carrying I keep a can of mace in my driver's side door that I can discretely reach down and grab if I ever need it. There are so many varying degrees of *threats* before I would pull a handgun.

    Maybe she could finish that donut with a side of pepper spray.
     
  11. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    Really, until the woman has a weapon (in her possession not just in her hands) or she breaks the window you would most likely get an assault charge. It might not stick, but you still have to deal with it.

    If she starts to actively break the window, then you are more justified in using a level of force to stop the threat (showing the gun). if she breaks the window and tries to get you after you have pulled you weapon, you are more justified in firing. ultimately it is going to be a very bad day if you use it.

    The best thing would have been to leave the scene. As long as you are not blocked in you can leave. call the police and let them handle her.

    Even if you had pulled the gun, call the police and report the incident. The police treat who ever calls in as the victim, even if they are the assaulter. If you call, you establish yourself as the good guy.
     
  12. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    Oh the donuts:laugh::laugh::laugh::laugh:

    If you were by yourself I would say pepper spray her, but with kids you would likely spray them too. I wouldn't in ANY way shape or form show your gun or give the idea your packing unless you plan on pulling the gun, and ONLY when you feel you life or someone else's life is in danger of severe bodily damage or death.
    Otherwise your the bad guy, brandishing a firearm at the old bag lady. Even if you tell her you have a gun, she could call the cops and say you threatened her with it waving it in her face blah, blah, blah. and when the cops find you with a gun who are they going to believe?

    Better off to drive away/ call the cops. Or just use all your force and open the door into her face. Oooops I was just trying to get our of my car, I didn't see her???
     
  13. NK777

    NK777 West of Portland Member

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    I would highly recommend you don't go around flashing your gun. Keep doughnuts, bacon, cheese, pepperoni, etc. in your car to fend off fat women. If you want your weapon visible open carry it. Flashing your gun is a good way to get charges filed against you. If your in grave danger don't flash it, draw it and fire. Other wise leave it out of sight.
     
  14. spengo

    spengo GLORIOUS CASCADIA Active Member

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    I suppose I wasn't there so I can't see how terrifying she was, but I don't think I would feel my life is threatened by a fat woman yelling at me. What is preventing you from flipping her the bird and driving off?
     
  15. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    ROTFLMAOPIMP!!!!

    :bluelaugh: :bluelaugh: :bluelaugh: :bluelaugh: :bluelaugh:
     
  16. glockguy

    glockguy Albany Oregon Well-Known Member

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    Well instead of Krispy Kremes, you could Keep a package or perhaps a box of those mini chocolate hostess doughnuts, So that way when you throw then they scatter, causing confusion to your attacker, allowing you plenty of time to put the medal to the metal :D OH WHICH ONE TO I GET FIRST!... you could include them in your emergency kit you pack for your car, along side your handgun:p
     
  17. Jdub22

    Jdub22 Vancouver, WA Member

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    lol ^^

    but seriously you shouldn't have to keep extra things on hand to deter someone who wants to hurt you. if you're not looking for trouble, and you are doing everything you can to avoid escalating a hairy situation, then you're doing enough already. i personally think it's just foolish to let anyone know you have a gun unless you feel that your life (or the ones you love) is in danger. and if it gets to that point, be ready because as soon as your adversary sees that you have a gun, they're going to make a snap decision, either charge you or run away most likely. this is where training and careful planning come into play and it's why some people train extensively.

    i hope i never have shoot another person, but i do carry and if i feel that my life is at stake, i won't hesitate to draw it and if possible, i'd put a little distance between myself and my adversary to bide for time (so i can tell if they're going to run away, or come at me). if they don't immediately stop in their tracks i'd fire until they do stop and i'd be aiming at center mass.

    take a gun safety course, one that covers some personal defense/legal questions. you've got to learn when it is, and isn't appropriate to draw a gun (i'm only saying that because if you have to ask such a question, that's a good sign that you could use some learning). and i'm not saying that it would have been right or wrong to draw in your scenario, because there are so many details that are not seen with this being just a simple message board.. from what i've read, and from my own perspective on things, i just think it's a bad idea to make a gun known at all. i got a lot of good info from the basic handgun safety class at Oregon Firearms Academy (basic safety course is required to obtain an Oregon CHL). you can take other gun safety courses, but some just cover the bare minimum amount of knowledge required to operate a handgun - probably leaving out lots of important legal details as to what situations you should draw, and when you're better off not drawing. they often let the classmates ask their own questions, this way you get all the info that you came for. very nice.

    you gotta realize that if you pull your gun, brandish, flash, whatever, your life could forever change. if you do it and it's not justified by our (in my opinion) crappy justice system, you can lose your right to even own a firearm at all. it's just not worth it to let anyone know you have it, unless it's go time.

    sorry for the rant and i mean no disrespect. thanks for reading.
     
  18. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    This guy is looking for a real solution to his problem how dare you guys throw out ridiculous ideas like throwing donuts at this crazed lunatic.


    Twinkies would work much better, they never expire, the are light weight so you can carry many, and when thrown at the proper velocity they will implode on the attackers face causing delicious whipped creamery in her eyes (hold the dirty jokes) that can cause minor snow blindness. While not being able to see the "fatty" will be so flustered by where the "treat" went she will immediatly drop to the ground feeling by hand for the sweet cakey mouth joy giving you plenty of time to not only get away, but take some hilarious pictures to show your friends.
     
  19. Whitman

    Whitman Portland New Member

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    That's right on point, NK. In Oregon, the crime is called "menacing." Here it is from the code:

    163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury. (2) Menacing is a Class A misdemeanor.

    This gets prosecuted all the time in Washington County, often under rather odd circumstances. My advice: never show your gun to an adversary unless you intend to fire it.
     
  20. NK777

    NK777 West of Portland Member

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    That's it I'm carrying twinkies and HoHo's and I will use them so watch out world. Operation drive by Hostessing commences ASAP! We've all got to do our part to keep the world safe ya know and this just sounds like a heck of a lot of fun.