Can I Shoot An Attacker If They Don't Have a Weapon?
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- čas přidán 20. 06. 2024
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Can I shoot an attacker if they don't have a weapon? As with most questions dealing with deadly force, there is no clear-cut answer on the question, "can you shoot even if the attacker doesn't have a weapon". In this video, U.S. Concealed Carry Association Director of Content Kevin Michalowski interviews criminal defense attorney Tom Grieve of Wisconsin-based Grieve Law, LLC. The two men discuss a recent incident where an unarmed man caused great bodily harm to a pair of homeowners in Chicago. Watch to learn what these experts think the couple could have done to protect themselves from a potentially lethal attack by an unarmed criminal. So if you're asking, "Can I shoot even if the attacker doesn't have a weapon?" then this video will clarify whether or not you're justified in your actions.
Are You Justified in Shooting an Unarmed Attacker?
00:33 Can you legally shoot an unarmed attacker?
00:43 Kevin tells a harrowing true story of an unarmed attack in Chicago.
01:30 As a general principle, you have the right to use deadly force to stop a deadly threat.
01:44 But what constitutes an imminent deadly threat?
02:06 How do different states define a potential deadly threat?
02:28 What defines great bodily harm?
03:00 What are victim-subject factors (aka officer-subject factors)?
03:34 Why are so many self-defense laws purposely vague?
04:07 Why is it important to pursue training and education on local gun laws?
05:16 Why is it so difficult to determine proper self-defense response levels to a threat?
05:54 How can you steer clear of potential legal trouble following the use of force in self-defense?
06:48 How can you improve the narrative surrounding a self-defense incident if you find yourself in the legal system?
#selfdefense #uscca #selfdefensescenarios
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COMMENT BELOW: What other scenarios do you want Kevin and Tom to break down?
Someone swings at you.....
Road rage. For instance someone gets pissed off at you and constantly, for miles, tries to make you rear end them. You're doing your best to keep as much distance as possible, but he's determined to make a fight. Say you eventually get caught up in the same traffic jam and he exits his vehicle and comes towards yours. At what point are you justified to defend yourself? When he busts your window? Or when he's dragging you out of your car through broken glass? I've encountered so many people who are high as on whatever it is that they're on and they're angry and psychotic and I know they probably can't feel anything. How many of my own knuckles do I have to break on him before I use deadly force?
What if you are physically disabled with chronic illnesses to where you can't run or fight do you have that obligation to use your weapon to save yourself against someone who was threatening to do some harm to you.
All these people have valid points here ! USCCA needs more info to us law abiding citizens on these issues and circumstances scenarios
I have several damaged disc's in my neck and back from a drunk driver, risking being severely injured or paralyzed, where is the line drawn for me to defend myself against a violent encounter using a firearm?
Any attack will cause great bodily harm, you don't know until you're maimed or dead. Stopping any attack is essential, especially when the attacker is bigger, stronger or multiple attackers.
*can cause
@@thickseed Yes, I agree. But it's safe to assume great bodily harm in any altercation, in my opinion. Because we are human and are very kill-able and prone to accidents even in a friendly scuffle. That doesn't mean apply deadly force, of course, for situationdictates. But the variable that needs to be focused on is "being attacked", and "by what and/or whom," I believe. So yes, "can cause" depending on the situation and variables.
@@nadinerome2154 So true, i feel too much focus is being placed on Deadly Force. I feel that if I have a gun and someone attacks me that doesn't, i can at least shoot the attacker in the arm or leg to stop the threat. Do you agree? What are the laws on just that. ?
@@marka.clarkii9764 Yeeeaah, no. There are large arteries in the legs (and arms I believe) that could cause one to bleed out in secondsif not minutes (so that would be pointless), and both arms and legs are small, (most likely) moving targets. Unless, you're at point blank range or extremely good at getting rounds to where you want them to go, then you'd definitely want to aim center mass. It's a larger target, and leaves less room for error/missing.
I mean, if ye want them to suffer whilst bleeding out, or have the possibilities of missing increase then go for the legs, but eh that's not me preference.
@@nadinerome2154 You are very wise Nadine, I am listening closely to your wise words. Your right, if your going to draw its already serious. Im still learning, learning something new everyday. Please continue to train and stay educated and I will do the same. Please be safe out there.
Laws need to be adjusted to be more in favor of law abiding citizens that come under attack!
I totally agree! There are laws today that favor the criminal and look the other way for the innocent person who was attacked.
You mean like how they favor blm and antifa? And how parents are labeled domestic terrorists now for protesting the indoctrination in schools?
@@lcee6592 Yep!
Well criminals are law abiding citizens, they have to obey/know the law in order to break it
Yeah bc he’s making it to where law abiding citizens are at a disadvantage if im a 5’6 & my weight class is 135 i cant afford to be grappled at all depending on whos trying to take me down at that point when i start to wrestle it probably will be too late . I think the ppl making these laws need to try fighting or wrestling someone 100 pounds heavier than u bc this makes no sense
I’ll never forget the prosecutor in Rittenhouse arguing that “sometimes you just have to take a beating.”
the only acceptable context for that if the attacker was a 4 yo girl and you're atleast 3 times her weight and age
This also made me think of Rittenhouse. What a political mess the prosecutor made of that. Thank God for all the video evidence in that case.
that prosecutor has never even SEEN a fight. Fights end up permanent brain damage, or death. Even in a semi controlled setting like an MMA ring, people every year die or are left with permanent injuries.
If I have a weapon on me, I am not going to let an attacker get close to me and beat me. For one, They could start kicking my head in and trying to kill me, way to late for me to draw my firearm. Number 2, that attacker could take my gun and use it against me. Now I never believed in instigating fist fights when carrying a gun, but If i have a gun and that attacker is chasing me trying to beat me, I will be pulling my gun
Rittenhouse literally crossed state lines with a weapon to go to a location that wasn’t his home he didn’t have to be there. Not saying I agree with taking a beating but he literally went looking for trouble looking at all facts.
This is ridiculous… if someone advances or attacks a person with intent to cause any bodily harm, they have forfeited their life. I don’t attack people. And if I were to move on someone I would fully expect them to defend themselves as if their life was being threatened.
A law abiding citizen shouldn’t have to fear the government over defending themselves.
If they attack you and are unarmed you better be sure, because a shooting is gonna get you put in prison or at the least cost you upwards off 100k in court.
Talking about ears..how about EYES???
Amen.
Exactly. If someone attacks you physically, you have NO IDEA what's about to happen. Even a big man can be knocked out by a good shot from a smaller person, then if your head hits the ground or another object in the wrong way, that can spell death. And that's just one example.
@@frank68x There is no such thing as perfect safety (from humans) unless you wipe out all the other humans. Self defence should be reasonable - not shooting everything that moves.
Just to present an extreme scenario that opens a crack in your argument: It really does look bad if a giant shoots an unarmed dwarf.
If I am at the point that I'm going to lose control/possession of my firearm to an attacker, I draw the line. Would the attacker draw a line at shooting an unarmed victim? I assume not.
Nope, they'd shoot, stab, stomp, bite, scratch, gouge you with not a care in the world. In every single instance of Self defense the citizen who is minding his or her own business not doing anything illegal is the one that has to always worry about the law, not the law breaker. Has nobody noticed this? and if they have, has anyone noticed how politics and social ideas ALWAYS favor the criminal? It's pure idiocy.
That’s my thought, loose your gun your as good as dead.
Yea I wish we had a better law system be it seems to me I’m suppose to let whatever is a threat harm me n not use my firearm according to the law which as stupid considering I didn’t buy it for no reason
We are never in favor ..in self defense ..but l live in arizona ..we have a right to carry here ..with or without a permit ..
Exactly this. Imminent compromise of your weapon is grounds for lethal force
My brother has life long health issues due to being assaulted by an unarmed attacker. I seen and experienced first hand at what an unarmed attacker can do. I'm not about to let myself become a victim as well.
jI agree. I will do everything i can to de escalate a situation including trying to leave. If all fails, sometimes you just have to do what you have to do. Think outside the box. I admit, i LOOK for trouble.......in attempt to avoid it. I'm not a people person to begin with, which makes it much easier for me. Like most, i despise a bully and have zero empathy for one.
3 weeks ago I was attacked and thought I was going to die. Arming myself is 10 times better than not waking up
@You Tube unarmed attackers can take lives and the law should be changed.
@You Tube what are you doing to change stuff? It's easy to point the finger. Don't be that person. There is no need to fight with the civilians that fall victim to the system we were born into.
@You Tube also the only ones that can change the system and the laws are us. We the people. Social media is a platform for the people to unite and talk. No one person will fix what thousand worked to curopt. It sounds to me like your are just as desperate as the rest of us for some change. I think we all are.
The main thing I've always pondered is fairly straight forward. If I'm carrying concealed and someone assaults me, I'm thinking, "what if they get my gun and use it on me?" With that said, if I'm carrying, any forceful physical assault warrants me drawing the weapon. If the attacker continues to pursue and I cannot escape, lethal force is warranted, imho.
This is my concern as well
I think you're slightly off here. Drawing your gun because somebody (who is unarmed) might go for it (in your opinion) puts you in a very dangerous gray area. Much better is to carry another tool as well, such as OC spray so you can leave the gun holstered until you're sure you need it. Also, if your gun is well hidden, the perp shouldn't see it. And if you move to Texas, I hope you will not consider open-carry.
@@Zoco101 not in a place where the defender is also protected by a stand your ground law. It essentially says I do not have to retreat from any would be attacker and a simple gesture to pull my weapon does not mean I have brandished it or would use it. I was cleared of any wrong doing using this to distract a large man from assaulting my sister
@@dynjarren5454 Thank you for explaining some of this, but can you tell me what happens if he ignores the gun, and punches you or your sister? Are you allowed to shoot him? If not, you have put yourself in a bad position, because now he might take that gun before you realise that this is his intention.
Or if you may shoot him, does this also apply while protecting a stranger in the street? I'd hate to have to decide whether to shoot an unarmed man with such tight margins for time and distance (probably with the backdrop changing constantly) and I'd prefer to use an intermediate tool such as OC.
Your question is very valid one, look at officers who weapons' were taken from them many were shot with there very own gun. I think you answered your question.
If an attacker didn't want to get shot, he should probably not be an attacker
As an elderly person I can not hope to match a younger more physically fit assailant in physical combat. Do I just let them kill me? Hell No! Nuff said!
My grandfather was pistol whipped in SW Philly. Wish he a pistol and the reflexes. Excellent information. Thank you
Exactly…I’m old too. My fighting days were decades ago.
Ulrich Von Stomp
The old tried statement "It's better to be judged by 12 than carried by 6". Kind of sums it up.
I think you have to ask him if his intent is to kill. If "yes" then you may shoot.
@@FlaThunderstorm Getting poked by 2-3 Bubbas has to factor in also, however.
it's not "almost" a political issue. It is a political issue.
EXACTLY👍
The guy is a lawyer. He has to be careful about what he says. But I agree with you. It has become a political issue.
indeed, that's all it is.
It is NOT political, but legal. Having a gun on your hand is actually unfavorable to you in the court, especially when the "alleged" attacker is smaller, weaker, looking innocent, unarmed, with no criminal record.
@@whiteroseamericana7161 The bigger victim card is all that matters in court.
In short, bad guy gets to decide the level of seriousness and can escalate at any time while we have to determine their intentions and danger level and act responsibly
In a just world ruled by common sense, the aggressor waives his right to safety/life by initiating the attack. We need to instill that principle back into our laws (criminal and civil).
The perpetrator, though, is not at fault, though. He's just a dope head misunderstood victim of an impoverished community of color who was never given his rightful wealth and status.
Tell the Moderators about your Thoughts... They always seem confused, and very leftist, controlling, threatening of isolation from the public. Go tell it on the Mountain Tell the truth about what happens when they show up in your face with violent intent, for no reason. AMERICA .......2023
"the aggressor waives his right to safety/life by initiating the attack. We need to instill that principle back into our laws (criminal and civil)."
That was never the law, my friend. That's not how it works.
As a fairly small man (5ft 6, 125lbs) I've always pondered this question.
When you watch videos of people getting attacked, sometimes they're knocked out cold after one good punch or kick, leaving them at the complete mercy of the attacker. How could that not add in to reasonable fear of losing your life from an unarmed person, especially when there is a physical disparity?
Great point
Agreed, also why it's a great idea to learn as much situational awareness as possible, it's never a bad idea to look over your shoulder from time to time when you're out and about. Also never a bad idea to have tools that are stronger than you or a potential threat and know how to use them. Stay calm, stay alive
If you are 1foot tall you can kill and be killed. Fear can do a lot of things and not necessarily good. The officer found not guilty in the breonna/Kentucky shooting. Did you see the bullets he shot according to the FBI. He was shooting back at fellow officers. He said he shot 3 times at mussel flash area. I would not want that "young lady" (joking) as my partner. Fear cannot be implied...I think I was afraid or he/she seemed like they were 20 feet tall.
Right there with ya. 5'8 and 140 I'm almost always smaller than the men around me. I think about this often from a defensive perspective. If I'm attacked, it's safe to assume the guy twice my size poses a serious threat to me. Will my OC spray stop him? Would I be justified in pulling my knife and stabbing him? What if he takes my knife and uses it on me? Should I not risk it and just shoot him as soon as I know the attack is imminent or is already in progress? One good punch could knock anyone out cold. What if they don't stop attacking and kill, paralyze or cause permanent damage to me? I've come to the conclusion that I'll trust my instinct and use the tool I feel is most likely to stop the threat up to and including a gun.
Of course deescalation is the first tactic anyone should use. Not all but most conflicts can be avoided by putting your ego in check and letting them win the arguement or whatever, even if they're wrong.
@@Road_Work_Ahead Im in same boat but alittle worse haha im 5'4 140lbs with a genetic form of lung disease and a nervous system disorder that causes fainting when I get excited for any reason anger,laughter etc...so walking to the mailbox winds me so in a fight if I managed to not pass out I might be able to struggle poorly for 15 seconds.
Without absolute truth, there will never be a fair trial.
Depends what state you’re in.
@@deebee4575 Not with absolute truth. It's in the phrase absolute truth.
Especially with DA's....
@@Andy-im3kj DAs are interested in convictions, not justice. We have a legal system, not a justice system.
I think the adversarial system we have leads to innocent people being convicted and guilty people going free. The emphasis of the investigation and trial should be to get to the truth instead of winning or losing.
My CWC instructor stressed Situational Awareness, being aware of what's going on around you, and if possible exit before the trouble begins. Obviously that does not cover every situation, but will help avoid a dangerous situation if you have that option.
That’s good advice. The best way to win a fight is to avoid it.
The problem with this situation is that there are laws that can incriminate people who use force to defend themselves from violence.
I'm too old to fight, and too crippled to run so it's my only option.
Same here...with arthritis even walking fast to avoid/escape is not an option any more...
I hear you. my feet, knees, lower back and neck are all in bad shape. Even your average man could easily cause me great bodily harm if he was unarmed.
As a former Deputy, politics factor in more than most might think. Hope you NEVER have a self defense shooting in an DA's election year.
Unfortunately THAT is largely true, However I,d qualify that by saying the Politics of the area/region matters more Example if the area is "Liberal" or Democrat. Here in North Central Florida it becomes a disparity of force issue. I always tell people to have a less than lethal option like an impact device or pepper spray.
Agreed.
@@red9man2130 Absolutely. You definitely need something between hard hand and lethal force. OC covers that well. Here in NC an impact weapon is the same as using a firearm. You can get charged with "Assault with a Deadly weapon" by using either baton or firearm. But also additional can be added, "...inflecting serious injury" and/or "...with intent to kill."
In a liberal area you'll get charged every time regardless of elections years.
Or a blue county. Or in a blue state.
@@red9man2130 EVERYONE who carries a gun should carry pepper spray.
My attorney friends tell me that the entire profession relies on "gray matter". According to this attorney, the scales of justice are tilted against the victim and tilted in favor of the violent attacking criminal. So it appears that you will have to first suffer a serious injury and then and only then be somewhat, kind of justified in using deadly force. But we have to rely on the fact that the injury does not disable or kills us first.
It also tells me that the criminal justice system has to be taken back by law abiding people by whatever means necessary.
JUST TO PROVE THAT SOME ONE HAD JUSTIFICATION TO SHIOOT THE ATACKER HE OR SHE HAS TO LET HIM ROUGH HER UP ,,WHAT IF THE ATACKER GETS A GRIP ON THE GUN 😳☠
I luv it "Nuance of each case" is so true.
Trouble is, actions taken under extreme stress get judged from an armchair.
The most insane thing I've ever heard is a judge stating that if the assailant has a club, the victim is not allowed to use anything more than a club. And if the assailant has a knife, the victim can't use anything more deadly than a knife. And if the assailant has a gun... etc. Well, excuse me, but when an assailant attacks most people don't have the luxury of carrying around a club, a knife, a gun, just in case he needs to select the judge's appropriate response.
I lived in Nebraska for a while and that is the actual law in that state(or was at the time).I always thought that expecting a 120 pound 60 year old to get in knife fight with a 250 pound 20 year old was insane, definitely not what I would call a fair fight.
That's how it is in France currently I think
Police will.take away YOUR BAT
Those are liberal opinions, and they make liberal laws based on them. The real world is much different.
All of those are deadly force which is why deadly force in defense is justified.
And these days a bite, mixing blood and saliva (both level 2 biohazards at a minimum) can be considered an attack with a deadly weapon.
Thats political 😂😂
Thanks for clearing that up...
On the attorney saying "Maybe" I'd add to that > a LOT depends on what State it happens in.
Stop asking permission to defend yourself. The only question is this: *“Must* I do this to prevent harm to myself or others?” Period.
Yes that's true
Agreed!!
Then face significant prison time and a lifetime felony? I’m good, stick to pepper spray if you have an unarmed attacker.
@@bandito_dino Also, AGREED!!
I carry a spray called FREEZE +P, that contains both tear gas and pepper .. When both are mixed together it creates a very hellish situation for whoever gets sprayed ..
I would also use on someone who has a knife and be very confident that it would stop the attacker ..
I would only use my gun on someone who is going to use a gun against me ..
@@davehart7943 my opinion, if it’s effective enough for a police arsenal, then it should be perfect for you! I had to pepper spray a meth head one time, and I’ll just say that it worked, very effectively. I’d recommend anyone carrying a firearm to also carry pepper spray along with a pocket knife. No such thing as too safe and being prepared for any attack force increases survivability.
You hit the nail on the head… it has become a “political issue”, a gender or race issue as well as the media influencing the trial.
@8:48 excellent goal and excellent advice.
1. Survive the incident.
2. Stay on the right side of the law.
This is best done by keeping a clear head.
Sooo - I recently sat through a CCW Class, and a USCCA rep came in and talked about this program. I was skeptical at first, but ended up signing up. Now I am getting YT recommendations from USCCA. But it gets better: I've watched SO MANY videos from USCCA... and was clueless. XD Great content, and great service.
I was fortunate to receive my ccw lc. training from the man who actually provided firearms training to the states police academies. He had also been a Sargent Major in the Marine Corp.
His opening statement to the class was, "one of the things left wing liberals hope you never find out is that 10 times more people are bludgeoned to death with hands and feet than are shot by guns."
And then he said, "for those that don't understand what bludgeoned mean, it means they were beaten to death". Anyone that believes that anyone at any time is unarmed is either a fool or a liar with an agenda.
This needs a verifiable statistic and needs to be publicized nationwide.
Libs DEFINITELY don’t wanna look up & talk about those statistics.
So if you admit most attackers don't have firearms, why would you need one yourself? Just learn how to defend yourself without one. It's not that hard.
Even western boxing and western wrestling would do the trick, although I would suggest real martial arts (Karate, Kung Fu, ITF Taekwondo, etc.).
@@neutrino78x tell that to a 50 60 year old adult being attack by someone half there age
@@HR-ms6ed
"tell that to a 50 60 year old adult being attack by someone half there age
"
Still don't need a gun. Fighting isn't about strength if you're doing it right. And no, I'm not a master. Just a guy who has had to use ITF Taekwondo in real life self defense situations against larger people, and it worked.
I'm 46, I don't carry a gun and don't need a gun.
If my ear is in the attackers possession, I'll be trading 230gr+p HP's for my ear back. I think that a fare trade.
100% Agree, bottom line end of damn story.
Yep. But how does one prevent and know whether or not they'll lose their ear
@@mengx94 The wild-eyed look, accompanied by the rapidly-approaching open mouth with bared teeth, is a better-than-good indication that 'something' is about to be violently removed from you...
What?
Best comment ever! You won the internet brother🤣
Here in Kentucky the Kentucky Court of Appeals says a blow thrown by a person is initial aggression and we can use force if the person doesn't stop !
My dad always said, "It's better to be judged by 12 than to be carried by 6."
i was looking for this one before i was going to add it! soooooo.....true!!!! :)
Pretty sure that’s not your Dad’s quote.
@@Henry-yf2np didn't claim it was
Have you worked in a prison? It’s not better than being dead but knowing the law of whatever State you live in is good to avoid both.
Yeah, but the judge might disagree and that's what all this is about.
There is no such thing as an unarmed attacker, unless they have no arms.
You make a good point. Especially if there is disparity of force, arms/hands/legs are weapons too.
@@abc-wv4in In 2019 664 people in the US were beaten or strangled to death, according to FBI statistics. Compare that to the 364 people killed by rifles in 2019 and it changes perspective.
I have no arms, but my swinging meat has been known for murdering.
@@rustynail7866 best reply ever.
Best comment ever 👍🏽
As a senior citizen now, I'm not able to defend myself with my 'fists' as I did when I was younger. Would an attacker just using his fists cross the line? I think if it's more than one attacker I would think so.
Ip Chun is 99.
This discussion series won a subscriber.
If someone breaks into my home or enters unwanted, they are getting shot. (and NOT in the leg)
They’re not really talking about in your home in this video though. Out on the street is a MUCH different story.
Exactly, once that door is breached, it doesn't matter who they are or what they may be carrying. I'll find out once the threat is immobilized.
@Bartholomew Roberts If the attacker is a more experienced fighter, he is not unarmed. Fists, elbows and feet can kill you just as effectively as a bullet or knife.
@Ralph M. Chavez Um…no.
Center of mass
My dad always told me that its better to be judged by 12, than to be carried by 6. Take that how you want
There's only 1 way to take it, anything else doesnt exist
Today, it's often the country and a backhoe. If you make it to the news, the number of ignorant people who judge you, with zero information, is ridiculous. And out of all the people you know, few will cry at your funeral. We've taken away all of the rituals of death to make it absent of feeling. I had three evil siblings who stole from my parents, attended the funeral I planned and went on to laugh and have a great time partying.
My dad says the opposite
If the law refuses to protect me,they have no right to prosecute me when Im forced to defend my life.Criminals give up all their rights when they choose to hurt or kill someone in my book,and many others feel this way
Too bad your feelings don't constitute law
Great Video and more gun owners should be required to watch your videos USCCA should be required learning for all of us.
If someone has lost an ear, can he expect a fair hearing…?
😂🤣
As someone who has lost a lot of my hearing,I would be offended if I wasn't laughing my ass off at your hilarious observation 🤣
What?
his hearing would be entirely one-sided.
Heheheh
That doesn't sound reasonable at all. The armed victim has to wait until they've not only been injured...they have to endure more violence until it becomes life threatening or risk to losing a limb? That doesn't sound right to me
No, he's not saying that. This lawyer agrees that you should be able to use deadly force if you feel reasonably threatened that deadly force is about to be used against you. See here @ 4:30: czcams.com/video/FhR2rlBdpyE/video.html
I am so glad that my dad had me in boxing at age 4. I am from Texas military family so learned guns also. I learned how to do slit with my hands
I think definitely yes ,because If you are armed and the attacker where to overpower you and could potentially take and then use your own firearm on you or someone else. How do you know when or as to what extent of bodily harm the attacker has in-store for you until it is too late.
But also I think in a self defense situation as a civilian if I’m minding my own business and if someone knowingly does something that could get themselves killed then they shouldn’t do it in the first place
Driving ken get you killed
Remember the knock-out game in Chicago? All it takes is one punch in the right place to knock you out. You fall, head hits pavement - coma or death...laws need to be changed...
This video should have been five seconds long: If you reasonably fear for your safety, yes. Laws don't matter when you're dead.
The issue is: what is reasonable fear? It can be a blurry line in some cases. One could argue anything can cause "great bodily harm." Sometimes it's grey.
its hard to judge in the moment sometimes, cant just be shooting people out of "fear" everytime. Do you shoot someone cause they sucker punch you for fun (game alot of kids were playing in recent years, punching random people)?
Yeap. Nor when you're unconscious. I'll empty the mag every time before I let that happen.
@@edxlee it's not a "game"; it's assault.
@@anonypersona3189 Reasonable fear may be a blurry line but being dead is not so chances in court are better then being dead
I've seen way too many stories of people getting their head stomped on the ground to wonder this
Useful information
I look at it this way. If I'm minding my own business and I am brutally attacked by someone who is gouging out my eyes and biting off my ears, at that moment I'm not going to be too concerned about violating his civil rights. Because when he decided to attack me, without warning, he just gave up all his rights. And when it comes down to my life or his, well, the choice is simple. Do society a huge favor.
I love that we get to gamble our life on whether or not the attacker is going to be reasonable with the amount of physical damage they plan on doing to us. We just get to hope that when we are unconscious that the attacker won't pull out a knife for a gun so that they don't leave a witness. The fact that there is so much gray area legally on something that has absolutely no gray area morally is crazy. In the case where somebody is the attacker there should be no gray area, somebody doesn't attack you unless they expect to win whether it's from their strength, their youth, or if they outnumber you. If they would remove the gray area I think there would be a lot less attacks, after a spike in self-defense. Lives would be lost, but it would be the lives of attackers. If they are willing to risk the victim's life with a possible well-placed hit or the way that the victim lands on the ground, then they should assume the same risk for themself
I am scared because in my current case people ask if I have photos or videos of my attacker pointing a gun at me. No, I would never have that footage, dead people have that footage. Living people put the phone down and act.
"The fact that there is so much gray area legally on something that has absolutely no gray area morally is crazy"
Sounds like YOU are crazy. There is in fact a lot of gray area morally with killing someone. Come on.
Hey I have a torn acl in my right leg and and surgery repaired leg in my left . If someone attempts or is in progress of attacking me am I able to defend myself with my firearm .
Any answers are welcome
Unless the attacker has no arms (seriously) he isn't "unarmed". Big difference between being weaponless and unarmed. There are so many documented instances of people being killed by a single punch, let alone many punches. The fist can kill. It has, it does, and it will.
There's this thing called blocking. You might want to check it out.
Not everyone is a physically trained MMA fighter, firearm is the great equalizer.
neither is every attacker. average joe including bad guys can't fight their way out of a wet paper bag. not only do you have to train with your firearm, you have to train how to fight and defend yourself.
@@swivel63 I.E. Firearm retention. Don't bring one if you can't hold onto it. So I agree 1000%
There are no good guns, There are no bad guns. A gun in the hands of a bad man is a bad thing. Any gun in the hands of a good man is no threat to anyone, except bad people.”
Sam Colt said something to that effect… he was correct and so are you.
Damn right !..
The law is broken and worthless. Those that practice and enforce it should be ashamed of themselves! The fist is a deadly weapon the threat of using them is a deadly threat. If u put your hands on someone they don’t know what your capable of and should be given the benefit of the doubt. The initial aggresssor should always be held accountable! The law is full of double standards and is useless!
I agree!
The law is unjust.
In CT the law is against the person that has a legal right to carry a pistol. If you shoot a rapist raping you or your wife, you will be arrested for shooting/killing the rapist.
Law enforcement has their hands tied.
The people’s hands are tied.as much as police are needed they will not be there to “defend” u when the felon is threatening bodily harm and or death! Those two things are perceived in the moment! The citizens should be free to defend themselves. Th law is in the way! It broken and no longer serves the law abiding citizens.
@@Apocalypse_Cow In CT doesn't surprise me.
In NC "disparity of force" is something that supposedly comes into consideration as a factor which justifies use of deadly force. Multiple attackers, physically fit young attacker against an elderly person, large man attacking a small woman, etc. In other words, disparity of force is justification to use deadly force. This was taught in the concealed carry class training. Having said that, still there is some ambiguity there because "disparity of force" would have to be defined on a case by case basis. One would have no problems MOST of the counties in NC with local law enforcement. All bets are off around Raleigh or Charlotte which, like most cities around the whole country, are not representative of the rest of the "normal" state's residents and law enforcement agencies.
In your home …hell yeah as a break in!!!
Besides being a member of the USCCA, I’m almost ready to buy and wear a body camera if I’m going to carry my firearm!
Sounds like a good ideal!!
I do everyday
I say this all the time, if I’m ever in a heated situation I just put my phone on record. Just to have some extra back up for myself
I wear a police grade body camera almost everywhere I go.
Stream irl on twitch
I love how they tap dance the answers, and of course arm chair quarterbacks are never there for the event, they want to judge after the fact - hence hindsight having 20/20 vision.
...When you are confronted by a crazy person or attacker, how far into getting your ear bitten off, stabbed or losing an eye before you can legally be justified??
And the fact that lawyers aren't around when you need them to simply accept a case or representation for free says a lot about the system too.
I’m not waiting until I can’t hear, or an physically unable to draw my weapon in order to avoid jail time
I've always been mocked and criticized about a blade for back up by people who've never grappled or probably fought whatsoever in their life.
All lawyers answer all legal questions with, "It depends..." then they spend the next billable hour explaining their statement and you walk away more confused than you started.
Never forget that court is a game and the best lawyer always wins.
Well, but in this case it's just the truth!
Just remember, you have the right to defend yourself, sometimes, but maybe not so always stand your ground.... Or maybe not.
@@nickprague1481 the best lawyer is always yourself
@@paulhightower4523 if you want to lose
If you are being attacked unprovoked by a stranger, it would be wise to assume it's with the intent to cause grave bodily harm.
so "by a stranger" needs to be added? A friend can't harm or kill you? How do I know if my girlfriend is going to kill me when she gets pissed... they always want to cause bodily harm lol
Remember the knock-out game in Chicago? All it takes is one punch in the right place to knock you out. You fall, head hits pavement - coma or death...laws need to be changed...
@@_Jake.From.Statefarm_ I mean you raise a good point that is something that would generally take a bit more investigating to prove. Someone random person on the street attacking you should be open shut especially with any sort of video evidence. I mean If I pull a gun on someone trying to attack me and they still keep coming wtf are you suppose to assume their attentions are? Not that you even disagree with that just adding in lol
@@parkeralan19 spot on Mang. I brought it up because people generally put their blinders on and never think of the long term blow back or problems with their theory. The stupid ones just make excuses for them. Now they are fixing multiple issues instead of coming up with a better solution in the first place lol.
A "simple" fight especially when you're not the aggressor can potentially be fatal when you have a gun that could end up in the hands of the person trying to harm you.
I'll let my attacker know, hold on while I check my local laws. Noooo, I'll just protect myself from harm. I'm not loosing an ear and then deciding, it's too late then...
Kevin, please do a video talking about how the clause in your policy that states; if you have a self-defense case that goes to court and you lose, you are required to pay-back USCCA every dollar spent defending your case, benefits us, the insured members.
As much as I appreciate all of the videos and training tools USCCA offers, this here is one of the main reasons I did not to go with them when choosing who would represent me if I ever had to use deadly force.
wow I did not know that that was the case. I was looking into these insurance policies and thank you for pointing that out
Wow, glad I read this, I was about to join. It was between USCCA and US Law shield, I will check this issue with US Law Shield.
I was injured pretty bad while working a couple year's ago and my recovery was less than hoped for leaving me in a condition that I have difficulties doing basic things such as bathing and dressing and often wear a brace when having a extra bad day. If a crazed assailant charges me I can't take a beating just to show justification for using deadly force. I hope and pray I never have to do such but if I find myself in an impossible to avoid situation there's no way I'm going to let myself be maimed worse than I already am or killed because some libtards think I, disabled, should have to go toe to toe with an perp to prove a point. That's just plain ole stupid. I'm using an equalizer. And that's that.
Thank you sir
I like the "Better to be judged by 12 than carried by 6" mindset. I am 86 years old, suffer from congestive heart failure and have a pacemaker. If I can get to my CCW, I'll definitely use it on any person who could possibly do permanent and deadly harm. No question about it. By the way this is not Adele speaking, it's her husband Bill.
Once it got to the point the guy got his eyes gouged out, it was a little late for him.
@John Ontargos Listening to this made we want to throw my pistol in the garbage, but hell n'all that's exactly what they want. They're objective is to put fear in all law abiding citizens that carry for protection.
I see !
If you think your life is in danger, yes.
I would fear for my life!
Yeah, that only works out if you are a cop!
It has two bee reasonable fear like a dead Lee weapon ore multiple attackers
@@iwkaoy8758 "if its only one guy with a bat, you must let him take your car or do what he wants" sounds logical
If your attacked your life is in danger.
Bitting an earoff is big thing but not gouging an eye. 😅
Disparity of force is a real thing. Just gotta make sure it can be articulated and understood by the average.
None of this apply to cops: shoot 1st and talk later .
None of this apply to criminals: attack first and run later.
Citizens: deal with both of them.
This is a ridiculous statement. First of all, the laws governing police officers are not the exact same as the laws governing citizens, so a direct comparison really can’t be made between the two groups. That being said, they obviously can’t use deadly force if not warranted and many officers have been held accountable for improper use of force, particularly recently. Secondly, criminals are subjected to the same laws everyone else is and they are held accountable as well. The difference is most of them just don’t care.
After surgery on both knees, right shoulder and back surgery, I'll take my chances with a jury vs letting someone beat on me and hoping they stop.
Theres no way to know with 100% certainty that someone is 'unarmed'... and that they will remain that way... ever.
I would like to know, as someone whom has a pacemaker, if I could use deadly force if I am attacked either by an unarmed or armed attacker. I have several health issues that have made me disabled, so I would not be able to defend myself without a firearm.
It depends.
It don’t matter, if someone is there to cause you great harm or death blow them mfs away
This falls under the concept of "disparity of force". It is a critically necessary piece of self defense. Please look it up and study it
I would say yes better to be tried by 12 than carried by 6
Wow, interesting video. During my CCW training it was described that if you allow someone to get to the point of biting you, it’s too late. You have the right neutralize the situation before then. The thought is the assailant can remove the weapon from you during a tussle. This is a little scary.
seriously Good luck with that You'll need to be able to articulate the facts and circumstance why you were actually threaten not just a feeling of fear, to a prudent person that would have felt threaten from deadly force or serious physical injury
What I always think, why wait to use deadly force until I’m getting kicked or punched to the ground, how am I suppose to pull my handgun out ?
@@isaiahsherman2199 come on bro you can’t pull your gun out while some random stranger is punching you in the face unbelievable!
@@godisgoodgodisgreat3434 That was pretty illiterate
@@isaiahsherman2199 It was a joke lol r/woosh
Lawyers can never give you a definitive answer because they know there is none. It's all a crap shoot in any situation. But knowing the law in your state helps like 10%. No one can make a split second decision when being attacked. I've always looked at it like this. When all else has failed and the jerk that is coming at me with what can be considered a "deadly weapon" I'm going to use deadly force to stop the attack. There is no other way to react. Believe me I've been in a situation like this and that is just how the human brain works. No one can go through all of the advice being given in this video in a tenth of a second and then decide what to do. You react and take the consequences after wards; as so does the attacker! Also make sure that you have "self defense insurance".
"When all else has failed and the jerk that is coming at me with what can be considered a "deadly weapon" I'm going to use deadly force to stop the attack. There is no other way to react. "
Sure there is. Solar plexus strike, liver strike, groin strike, neck strike, etc.
My attorney told me i can shoot an attacker that does not stop after giving a warning to do so. Especially if i fear for my life or someone elses. I also live in a state that has both a stand your ground and castle laws.
Laws are made to protect the criminal. Just say "I thought I saw a weapon" and "I feared for my life ", it works for cops all the time. They can pull a gun on you for no reason whatsoever.
I would rather be judged by 12 than carried by 6. I can't see into the future so I have to assume an attacker is out to do me harm or kill me. So I will be in fear of my life. As for the prosecutor in my case prove me wrong.
Frank, if you live in a city where a DA resides, and George Soros backed their political campaign with thousands of dollars, it won't matter if you exterminate a thug even if they are armed with a dozen firearms on them, you'll be prosecuted. That's the way those democrat controlled cities roll. My suggestion in that case is to move to an actual American city that has people who will back the Constitution.
@@larrymcguire9686 like nevada or Arizona. Probably the most open and I'm best places to be able to open carry and or concel with a ccw. Look up the laws here in Nevada.
@@larrymcguire9686 I live in Dallas Texas self defense shootings do happen here. I have not heard of any prosecutions of the shootings.
@@frankeldredge9425 Yeah,,,bc, #1....dead men don't talk/lie. Or. #2. Everyone KNOWS,,,,"Don't Mess with TEXAS" LOL. EVERYONE CARRIES...👍🤠
How would you know if someone attacking you has a weapon on them.
Here’s a question. I live in Texas and I’m 6’ tall 250lbs. I CCW a pistol as well as OC spray. If a large enough man attacks me by surprise and knocks me on the ground, doesn’t that mean there’s potential he can grab my firearm and use it on me or someone else? Just as what would happen to a LEO, what should I do in that situation? Any advice? Just curious as the simple presence of a firearm on a CCW means that if you are incapacitated, the perp might then have your weapon.
This was awesome and truly pointed out the reality of having to use deadly force and what you can expect.
Sooo...USCCA lawyers would defend you with an opening statement: "Your Honor...Members of the Jury...my client MAY be innocent"? I learned nothing from this other than it is sooo nuanced that their lawyers aren't convinced of anything concrete for your/my ultimate defense either.
The entire justice system needs a facelift.... I'm with you on this. It's not fair that defenders who have clearly done it correctly have to fear prison time.
No, no good lawyer would say that. The point is that this is not always cut and dried and anyone who carries a gun should be aware of that. Btw, there are no "USCCA lawyers." Local lawyers have agreed to represent USCCA members IF the member chooses them. You can use any lawyer you want (unless that's recently changed; which I hope it hasn't.
Not to mention that if your found guilty, your insurance will not pay off.
seeing these titles as a resident of Massachusetts the answer is usually pretty easy to guess 😂
In my opinion due to historic criminal records showing, you can't determine an attacker's intentions of actions. That fact should give intended victims the legal Right to defend themself by any means if at any time they could reasonably feel they are at risk of death or great bodily injury.
Great video, the law is a tricky thing. Best thing to do is keep your eyes open and try to foresee or outright avoid the confrontation in the first place.
Absolutely.In My case I have a neurological condition (not obvious) which could be fatal if I am struck in the head--or if I am thrown to the ground with enough force. I have to defend my self sooner than a person without this disorder.
If the law cannot protect you during an incident,then there should be a law that says you may protect yourself without any questions from the law.
Where can I go to ask a question In regards to this subject. Living at the Mexican border I have several scenarios.
In Florida, we have to go by the term "A perceived threat of bodily harm or imminent threat of death". The attacker does not necessarily have to have a firearm, he could have a pipe or baseball bat...both of which are lethal weapons. This attorney is correct in that this term can be very misleading by a prosecuting attorney and a jury. The burden of proof lies solely on the defense lawyer on your behalf. So it's a catch 22 scenario at best, but the main thing you have to do is protect your life and or the life of another first and hope that the guy you just shot and killed had a criminal record for doing just what he got shot for.
Great topic... "legal gray area" defense. How about researching some cases where unarmed attackers were shot in self defense and present the legal outcomes here in this format.... that would be real education for me. Unfortunately, in a court room, the law tends to look backwards (in terms of precedence), not forward (what if).
I would like for you to address my situation. I have AFIB. I am unable to fight anyone because of my shortness of breath. I am 67, and because of my age and AFIB, I can't retreat in a fast enough way unless I am in a vehicle.
The website he listed does NOT show state laws that I can find? Am I missing it?
Love the content. I am a former Federal LEO with 30+ years and I feel if you are armed and the unarmed assailant is causing you great/grievous bodily harm AND You feel your life is in jeopardy you should be able to defend yourself PLUS they may also get your weapon from you and harm more people or yourself. If you articulate that fear, can you be justified?
George Zimmerman says yes
“Maybe” is a great legal answer that keeps attorneys rich & honest citizens tied up in a legal system.
Be sure & read legal precedent & statutes when you’re getting your eyes gouged out & your ears bit off by a maniac.
All jokes aside, this attorney is spot on! 😎👍
“Maybe” is a legitimate answer because you can’t just say yes or no to such a vague question. That’s like asking are people allergic to shellfish? Well sometimes. “Sometimes isn’t a real answer. it’s yes of no”
See how that doesn’t work?
Attorneys: "Look, there's no clear water ..." (stirring and shaking a cup of water and sand)
Can you please address disparity of force
Imagine being in a situation in which you think you may lose your life, defended yourself and a juror who wasn't there telling you wasn't. It's a gambling at this point