Oregon Law on deadly force

[oldsnut]

I agree. I would never "shoot to slow someone down" I would also never "shoot to kill" words matter in these scenarios. If you say that in court they will eat you alive. "I shot to neutralize the threat." If my gun is breaking from the holster it's because I have full intent on using it (and I won't be aiming for an extremity."With that being said just because you draw your firearm does not mean you have to use it.

I agree with your statement of shooting to neutralize the threat and not stating you were intent on killing the person, because killing is not necessarily your intent or required to end all threats, but sometimes it can be. A person who carries should know that the possibility of killing someone or something may be necessary at some time, especially if you are threatened by someone high on drugs that keeps advancing even after being shot. I go back to the fact that unless you are a person that is specifically trained to neutralize the situation, you won't be as calm as you think and will undoubtedly be reacting from fear and will (and rightly so) not be in full control of your instincts and decision making. If it is in fact your fear that is pulling the trigger, but you know enough to aim for the center mass, you will probably put a few rounds (Not just One) downrange and the likelihood of killing the person is pretty good unless they get lucky. I have been informed by Lawyers and an FBI agent that if it is you and another person involved WITHOUT a ton of witnesses to support the facts of what happened, which is most likely when you will be threatened by another, your pulling a gun and making a show of force has the possibility of putting you on the defense in court, because the other person who had only his body as a weapon will usually lie to support that they were attacked by you and in fear of their life because you had a weapon. Thus it is their word against yours if they survive the argument or ensuing shooting. It sounds bad, but as it stands in court proceedings, a dead attacker is a quiet attacker and then only the Forensic Evidence is allowed to speak on their behalf. So use a weapon if you have too, but first and foremost, de-escalate and back away when possible, if required by the threat continuing to advance, then use your weapon to show your intent to defend yourself. If the threat continues to advance, never let them get within an arms length of your weapon, and with the continuing threat you should be able to defend your use of deadly force in court. Many good concealed carry classes will go thru court cases, videos, etc. to show you what is acceptable and what is not, but always keep in mind that being in the right doesn't always win in court and they will freely tell you that !

 

[Member 53328]

I agree with your statement of shooting to neutralize the threat and not stating you were intent on killing the person, because killing is not necessarily your intent or required to end all threats, but sometimes it can be. A person who carries should know that the possibility of killing someone or something may be necessary at some time, especially if you are threatened by someone high on drugs that keeps advancing even after being shot. I go back to the fact that unless you are a person that is specifically trained to neutralize the situation, you won't be as calm as you think and will undoubtedly be reacting from fear and will (and rightly so) not be in full control of your instincts and decision making. If it is in fact your fear that is pulling the trigger, but you know enough to aim for the center mass, you will probably put a few rounds (Not just One) downrange and the likelihood of killing the person is pretty good unless they get lucky. I have been informed by Lawyers and an FBI agent that if it is you and another person involved WITHOUT a ton of witnesses to support the facts of what happened, which is most likely when you will be threatened by another, your pulling a gun and making a show of force has the possibility of putting you on the defense in court, because the other person who had only his body as a weapon will usually lie to support that they were attacked by you and in fear of their life because you had a weapon. Thus it is their word against yours if they survive the argument or ensuing shooting. It sounds bad, but as it stands in court proceedings, a dead attacker is a quiet attacker and then only the Forensic Evidence is allowed to speak on their behalf. So use a weapon if you have too, but first and foremost, de-escalate and back away when possible, if required by the threat continuing to advance, then use your weapon to show your intent to defend yourself. If the threat continues to advance, never let them get within an arms length of your weapon, and with the continuing threat you should be able to defend your use of deadly force in court. Many good concealed carry classes will go thru court cases, videos, etc. to show you what is acceptable and what is not, but always keep in mind that being in the right doesn't always win in court and they will freely tell you that !

Train. Like LE your firearm should not be your first line of defense. Unless necessary.

 

[Ghoul]

Ok. I'll play devils advocate. You are in an verbal altercation with someone and fear it is going to get physical. You go to draw your weapon with the intent of "defensive display." You plan on just having it by your side and calling the cops. Upon gripping your firearm and removing it from the holster the individual you are involved with sees it and also has a gun with a CHL. He pulls faster than you and neutralizes you (his threat) because you produced a firearm out of fear. You're dead/wounded and he shot out of self defense.

There are so many other steps involed in neutrizing and avoiding conflict.
My point was to address only the part when you utilize defensive display that it is your responsability to inform the athorities your weapon was deployed and used in the manner described.