Car crime

I heard about something that could happen to me. Two cars blocked a guy in. Got out and approached him in a threatening manner. He just showed them that he had a gun. Went to court. He got convicted of a misdemeanor. And a big legal fee. Would the Castle Doc. not apply here? Since he never left his car. I have suggested i he join the USCCA.

9 Likes

depending on the State brandishing needs to prove felt life in danger for reason of pulling weapon

2 Likes

I would say to look at the Castle Doctrine in the state and stand your ground laws. Being in a car, from what others have told me, is not always covered under the Castle Doctrine. It is different in many states. Other than that there is no information why he thought his life was in danger and that could present a problem in itself. No indication of what he was charged and convicted of doesn’t help either. I think anyone would like a lot more information and most, if not all would say to ask an attorney.

4 Likes

Be the first to call 911. :thinking:

6 Likes

It is Indiana

2 Likes

How is blocking someone in like this not false imprisonment? Is that not a crime in and of itself? No one, and I mean no one blocks a person in unless they are up to no good. I fail to see how this person’s actions was not justified as a reply to to a crime already committed against them. JMO

1 Like

This is another example of why I have front and rear dash cameras in my car.
Exhibit A and B for my defense.

5 Likes

I am not an attorney but do have a couple of thoughts.

The castle doctrine, which does include motor vehicles in Indiana, wouldn’t apply as the criminal/potential criminal did not breach or physically attempt to breach the castle walls (the exterior of the vehicle).

It would be my suggestion that your friend contact an attorney who handles self-defense cases to first determine whether they have a chance on appeal and, if so, if the costs of appealing are worth the result. Obviously, as you mentioned your friend is not currently a USCCA member, they would not be afforded the benefits of a policy and would incur the expense(s) themselves.

Either way, best of luck to your friend!

2 Likes

It’s pretty cut and dry in my state and it basically has no gun laws at all except for dueling lol , but if those guys just was walking up to him in “ a threatening looking manner” he should have kept his gun in his holster or glove box or wherever it was because that is very very unlawfull anywhere. You can only use deadly force if your life or the life of another is in immanent danger and in any state looks can’t kill. The guy was a dumb azz.

2 Likes

Ding Ding Ding Ding!
Don’t Brandish get on da phone!
Crim’s can strut, walk menacing, shout, hollar whatever DON’T BREAK LEATHER!
As shown here YOU are the Crim in the eyes of the phucked Court system.
IF they damage your ride, Have weapons, or attempt entry DEFEND YOURSELF, It would behoove you to be able to show a serious threat to bodily harm though or Danger Close.
GET ON TH PHONE!

Karacal’s Front/Back mounted Cam’s are cool (Unfortunately I don’t have them)

2 Likes

Call it whatever but I ain’t sitting in a jail cell when I coulda filled their face up with pepper spray and gotten the h311 outta there. I didn’t write the stupid laws and if it was up to me there would be a lot less people on this earth for giving me the finger or even a dirty look

It is a crime but, it is not deadly force. It could be simple intimidation. Showing your firearm is considered deadly force whether fired or not. That is a much bigger problem in court. You can’t use deadly force for just any crime.

That was my point, I don’t like it but you can prevent things from escalating by letting some hood/tweeker know you’re armed and he might wanna split before he comes down with a case of lead poisoning, But then some Lone Ranger wanna be says you could escalate things from showing your firearm because the person you’re showing it to might think you’re drawing on him then they say you started a gun fight. Not my opinion just playing devils advocate.

That was my thought. Just letting the bad guys know that you’re armed. But it’s a crazy world.

Yea those are just my opinion because if someone wants to sit in some Godless prison because he thinks something should be this way ain’t my bag. I’m to sick for one thing to survive prison anymore and I ain’t going to prove a point but if someone else wants to more power to them lol.