legality of forewarning a possible assailant?

[Browning55]

Lots of possibilities. Generally speaking, the situation dictates whether or not I would warn a would-be attacker. Defending a wife and/or kids = less warnings or none.

 

[RallySoob]

show me the ORS....

I looked again... I don't see it. I am assuming you are correct.

Trlsmn...makes sense, I agree

 

[pokerace]

Nothing in the ORS in regards to "brandishing". The term Oregon uses is "menacing".

If you have to ask yourself if you should draw your firearm you probably shouldn't. You will know when you are "in fear for your life".

Show me ORS =" menacing"

 

[drew]

Show me ORS =" menacing"

https://www.oregonlegislature.gov/bills_laws/ors/ors163.html

ORS 163.190 = Menacing

 

[MrB+]

"STOP! Don't come any closer."

One of the podcasts I follow made a point that witnesses are notoriously unreliable. When the cops ask them what happened, they'll just say you two were over in the corner and suddenly you started shooting. Depending on what they 'convince' themselves must have been the case, they can invent or disappear other weapons. By announcing the situation as you see it, loudly, you can put it into their heads what is *really* going on.

You don't have to say "I have a gun." You don't have to say, "I have a piece of paper that says I can have a gun." Just say words that make it clear you feel threatened -- that's what you need to convey to the witnesses.

MrB+

 

[ejmpnu92]

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. [1971 c.743 §95]

 

[Murphy]

Show me ORS =" menacing"

163.190 Menacing A Misd.

(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.

Case law:
State v. Lockwood (1979)
State v. Anderson (1982)

 

[Murphy]

Show me ORS =" menacing"

Here is the link to Oregon's ORS webpage. Lots of good information.

<broken link removed>

 

[Sasquatchvnv]

show me the ORS....

It's a WA statute for sure...

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.270

RCW 9.41.270
Weapons apparently capable of producing bodily harm &#8212; Unlawful carrying or handling &#8212; Penalty &#8212; Exceptions.

(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

(3) Subsection (1) of this section shall not apply to or affect the following:

(a) Any act committed by a person while in his or her place of abode or fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(e) Any person engaged in military activities sponsored by the federal or state governments.


[1994 sp.s. c 7 § 426; 1969 c 8 § 1.]

 

[deadeye]

This is where the supposed bad guy is doing the menacing and you are under duress and acting to protect yourself by stating your intentions.

 

[RallySoob]

This is where the supposed bad guy is doing the menacing and you are under duress and acting to protect yourself by stating your intentions.

yes...

 

[darkminstrel]

I seem to recall the Japanese calling ahead before they decimated Pearl Harbour. Oh, wait...

Never give up your advantage.

 

[rshoemaker]

The only warning I will give that I am carrying is when they are looking down the barrel of my weapon. Up untill then they will be told to stay away. If I see a weapon its game over, if they are just in the area and acting like fools, then I will try to avoid them but keep aware of what is going on around you. Your awareness is going to be your best weapon untill you have to draw.

It is my expirience that if you stay aware of your surroundings you can typicaly avoid any need to even speek to them by avoiding the confrontation entirely. I would rather leave the area of the threat without shots fired than end the life of some one.

 

[Hawaiian]

The only warning I will give that I am carrying is when they are looking down the barrel of my weapon. Up untill then they will be told to stay away. If I see a weapon its game over, if they are just in the area and acting like fools, then I will try to avoid them but keep aware of what is going on around you. Your awareness is going to be your best weapon untill you have to draw.

It is my expirience that if you stay aware of your surroundings you can typicaly avoid any need to even speek to them by avoiding the confrontation entirely. I would rather leave the area of the threat without shots fired than end the life of some one.

Well said. Walk softly and carry a big stick.

 

[Redcap]

If I get to the stage where I have to pull my weapon, all the guy on the other end can really do is smile and wait for the flash. At that point, I fully intend to use it to stop the threat to my life.

 

[Buddhalux]

I seem to recall the Japanese calling ahead before they decimated Pearl Harbour. Oh, wait...

Never give up your advantage.

Actually they did but the encoded message to their ambassadors was delayed until after the attack had begun.

 

[scrappydoo]

If he's close enough to hear you speaking to him then he's probably close enough to close the distance before you can draw your weapon. It's best he didn't know you had a firearm. That lack of information may provide you an opportunity to deploy it later. Because if you tell him you're carrying I'll bet he doesn't stop hitting you till you're hamburger.

 

[Markjz]

I would like to point out that Washington is a stand your ground state, no duty to retreat. not sure about Oregon though.

 

[miletwo]

I would like to point out that Washington is a stand your ground state, no duty to retreat. not sure about Oregon though.

This is a component of Castle Doctrine which is not legal as far as the law in Oregon. That said, apparently there is some case law in support of No Duty to Retreat in Oregon.

Oregon (court) -- No duty to retreat for use of lethal force

O.F.F. March 29, 2007 Supreme Court Rules "No Duty To Retreat"

 

[Misterbill]

If you start to feel your life may soon become 'in danger' but it hasn't escalated to that point yet. Do you think it would be legal to say something like "I have a permit to carry my handgun and if I feel my life is in danger I will use it" ?

It is illegal to brandish a weapon. So you wouldn't want to go for your gun unless you plan to use it. But what about using a phrase like this to discourage a possible attack? Obviously I'm not suggesting you would say something like this to every person you get into an argument with or anything like that. I am referring to a situation where someone is 'probably' going to attack you unless you discourage them somehow and you have done absolutely nothing to instigate them

If you use that verbiage you'd better be damned sure an assault is imminent or you're engaged in criminal behavior. Seriously, it's a bad idea. In Washington the standard is determining an imminent intent on the part of the victim (assaulter in this case). In that case you DRAW, not run your mouth about your permit.

If you see a scary guy come out from an alley behind you, you turn and he looks scary, has a nasty look on his face and is behaving aggressively, simply yell "STOP!" If he keeps coming it's time to put your hand on your weapon and yell STOP, YOU'RE FRIGHTENING ME!" If he keeps on coming, draw/shoot as indicated. It may happen faster than that and no time for even one warning, much less two. also, use a hand in front of you. the guy could be deaf, and if he's going to attack it puts some more distance between your gun hand and him.

As soon as you verbally inform someone you are armed with a clear intent to warn them off/intimidate them, you are on very very dangerous ground legally. And if you guessed wrong and the scary guy was just having a bad day, you could be looking at charges.