• Pat_Riot@lemmy.today
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    2 days ago

    Firearms are not for show and tell. If you draw, shoot the fucker. Brandishing in self defense is not allowed, as stupid as that sounds. You would think that the ideal outcome would be nobody dying, but this is America where everything is a zero sum game, so someone has to die to prove the threat was great enough.

    • jtrek@startrek.website
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      2 days ago

      If they’re dead you can say whatever you want, barring recordings or other unfriendly witnesses. Cops do it all the time.

    • Jax@sh.itjust.works
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      2 days ago

      I think it’s more accurate to say that pulling a firearm is an escalation that could lead to further escalation. I.e., you push me, I pull a gun on you, you pull a gun on me, pew pew, some unsuspecting person gets killed in the ensuing crossfire. Whether it constitutes felony charges after being assaulted… idk this kinda seems like bullshit.

      I’m not saying it’s right, just maybe carry bear spray and go for that first.

  • ArcaneSlime@lemmy.dbzer0.com
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    2 days ago

    From the last article posted on this:

    According to court testimony, Kelver was sitting on a bench outside the bar on September 13 when Durham and a small group of friends shouted derogatory slurs. Surveillance video shows that she then followed the group across the street before approaching Durham with a hand on her satchel, according to the Laramie Boomerang. The video then shows Durham shoving her to the ground before beginning to walk away. Kelver, while still on her back, allegedly pulled out a .380-caliber semiautomatic handgun, racked it, and pointed it at Durham. She put the gun away after Durham and his group walked away, then returned to her job at the Crowbar & Grille, according to the prosecution.

    So if I got up and followed people across the street with my hand in my bag because they called me a name, then pulled out, racked, and aimed gun in response to them pushing me, it would 100% be called at least brandishing. This does seem a little overcharge-y to me though, but definitely not legal.

    Maybe a good lawyer can still get her off, I’d be arguing “it was X on one I feared for my life, but then they left so I put it away…” myself I guess, but “then why didn’t you stay away from them instead of following them across the street” is going to be the hard sell.

    Guns are supposed to be a last resort, deescalation and avoidance both come first, if available, and even then they can only be used against “threat of death or great bodily injury,” not just for a normal fight (even if imo that’s debatable with all the trained MMAniacs and untrained head kickers out here these days, law doesn’t agree with me, fights “aren’t” “deadly threats.”)