Re: I pulled my gun

Halcitron wrote:

Gunner Asch wrote:

On 28 Nov 2005 09:55:33 -0800, "Halcitron" <halcitron@xxxxxxx> wrote:


I witnessed an assault and battery, I was assaulted, as well. I turned

from the perps and walked toward my vehicle, and opened a back door. 

The perps fled. I got my gun from the locked box, and a mag or
10-hollow points, put it on my seat. And went in the direction of the
runners. I turned a corner and saw them jump into a car. I held the gun
out to show the driver I had a gun, and he could/should stop, but he
accelerated through my line of fire.
Q: Is that brandishing, under California law?


Were you in fear of the Other victims life? If not..you did something
stupid. You should have retreated when you had the chance. If things
had turned to ***..you could have been involved in an unnecessary
shooting.  And yes..it COULD be a brandishing..however they were
escaping from criminal acts they perpetrated. And you did not fire, to
your credit.

I got turned around, and went in pursuit. I kept them in sight. I got
on 911. Finally got caught up in traffic. I inserted the mag in the
gun, but did not rack the slide, since I didn't see a weapon or need to
shoot. Just step number two in the process, just in case i needed to
shoot, for protection.  Technically the gun was unloaded.


Not by california case law..unfortunatley. It was loaded.

By this time
I had 911 operator. I gave the license number, and grabbed one of my
cameras, to photo the back of the car. I told  911-O, I was breaking
off pursuit. Then I saw them going to a mall, so I got turned around
and went to the Mall. I cruised the parking lot in the opposite
direction of their travel, and saw a security vehicle. I gave a
description of the vehicle, then I left, and went back to the crime
scene. I gave a report to the officer.  And just incase he would hear
about it anyways, I mentioned I had the gun. He asked "What gun?" Then
he told me, that after he left to make the gun got to a safe place.

So, now I am worried, the cops, or the perp's lawyer, will come to
search my place and my vehicle, to take my guns away.

:/
Halcitron


What gun indeed?  The perps would have to admit guilt in order to
testify that you were armed..IE being at the scene of the crime.

Did the cop you gave the data to, who told you to put the gun in a
safe place, actually see it? If not...there was no gun, just the
report of a recently assualted and fearful individual.

Btw..brandishing is a misdomeaner in California, not something that a
law abiding non felon is going to have the DA get off his ass, get a
search warrant etc etc for. Least of all a victim of a crime who
reported it to the police.

Id keep it in a locked box, when transporting it as per state
law...and if I were you..Id contend that during the event,  I was in
fear for the other victims life and safety, hence you went to get the
firearm to help the other victim. Not to take the bad guys into
custody, play Rambo, not because you were pissed off, etc etc.
Thats your story and you are sticking to it. Period. End program. Full
stop.  "And you want to talk to a lawyer", which frankly..is the first
words that should come out of your mouth, if you are "taken in for
questioning", or you are given Miranda before questioning. Which
frankly..based on the limited info you have given..is IMHO..unlikely.

I know your AO..and its unlikely anything will come of it, as the cops
want the bad guys far far more than they want you. No one was harmed
by your firearm, its nearly a non issue in the way it played out.

Have they caught the perps? If so..you will likely to be called to
testify. Tell the truth as best you remember it. And you remember
being afraid for the other victims life, hence the return with a gun.
And there was no anger at being assulted..only fear for the other
party(s) safety.

Shrug..you know me well enough to know Im not an appeaser...and  my
advice, is based on some familiarity with the law in California, and
the AO you are working in.  And if there had been any real issue..the
cop himself would have let you know, one way or another.

Shrug..dont sweat the small stuff.

Gunner

"Pax Americana is a philosophy. Hardly an empire.
Making sure other people play nice and dont  kill each other (and us)
off in job lots is hardly empire building, particularly when you give
them self determination under "play nice" rules.

Think of it as having your older brother knock the *** out of you
for torturing the cat."  Gunner



Thanks Gunner, I'll mark off the days on my calendar, until I hear
otherwise.

:/
Halcitron
-- Doing it differently next time.


It may also depend on the cop. As he told you to Put the gun in a
safe place & did not take it from you the second you mentioned it
then I'd agree with Gunner... I bet the guy didn't even mention it in the official report. If not end of story. If so he may have stated for you that you was in fear for your life...

I'd get a copy of the police report.

Ike
.

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