Robbed at gun point-CCW questions.

[Toster]

http://www.journalstar.com/news/local/crime-and-courts/article_d4b5a2ca-a127-11de-8056-001cc4c03286.html

Ok, I posted this here, because my question is more of Laws.  If you were the person getting robbed, and were carrying, would you have been justified  in shooting this scumbag?  I know that as a CCW holder you are supposed to avoid the confirmation (in this case giving him the money, etc), but because you were already involved in it and he had a deadly weapon, would that make it ok? 

[AAllen]

In a public place you have the requirement to try to retreat if possible.  That said you are caught in a vehicle with someone trying to rob you at gunpoint, I would be pretty threatened for my life and if the opportunity arose I would defiantly defend myself.  But the opportunity must be there, can I get my gun out, is the passenger in the line of fire.

[rugermanx]

Indeed AAllen, Toster, there are several questions with this one that are left open, First can you safely get the gun out and get it aimed, Is there anything behind the perp that could be damaged? Is the passenger safe if you do get your gun out and fire? Since most hanguns eject on the right hand side and the blast in the car is going to be a killer you have to take that into account before you draw. Could be more damaging to the occupants than to the criminal. And could the bank (if you hit some of thier property) sue you for damages? Lets say you were in the inside of 2 lanes at the bank and hit an atm. With someone else in the car I would have to say I probably wouldn't be so quick to just draw, since there is a chance that he sees you drawing and shoots your passenger. Depending on how the perp was positioned and how fast your car could accelerate, and how far you have to get to the street plus how busy that street is, I would say that would be almost a better route smash the gas and get out of there. If he was positioned right you could literally disarm him with the rear post of the car. Not saying that it would work but its something to consider since you are required to retreat.

[iiranger]

The FIRST thing you want to remember when in this sort of situation, the scumbag is probably loaded on some chemical(s). Long ago it was alcohol alone. Today, unlimited. Whatever his (her?) sober personality, you are not seeing it. You want to take the chance? Giving up the money is always recommended because the gutless politicians (usually lawyers) make the "law enforcement officers" say that. Not a totally bad idea. If you appear to be cooperating that is best, but if the scumbag decides you are from Mars (or other alien place) and need to be shot anyway... -bang- Some are just "mean" and worse on chemicals...

Number TWO, the legal test, you cannot shoot to protect property. You have to demonstrate to civilians (a jury) that someone had reasonable reason to think their life was in jeopardy. Only then are you authorized to shoot, but as suggested, you are not permitted to shoot, however bad the bad guy is, into a crowd... etc.

OBVIOUS? Yes, but under this kind of stress, especially since you are not on drugs hopefully (illegal drugs anyway), you may miss, wet your pants, vomit, faint, ... more reasons to cooperate... Now if you are sure your life (or anothers') is threatened and you want to "take the chance" --- bury the gun in flesh and fire couple times. Hopefully you won't miss. (It has happened.) LUCK.

[Toster]

Well at least they found the scumbags...

http://www.journalstar.com/news/local/article_0f189b3c-a472-11de-a850-001cc4c03286.html

It does look like the victim was shot in the leg.  He did have a passenger with him, making it a very difficult shot.  I guess the best thing was to mash the gas and get the HELL out of there!

[Ram Ringer]

This is why we need the Castle Doctrine or some version no retreat law.