It’s 7:17 pm, the sun just dropped below the horizon, casting a dark purplish glow over the gas station. It’s not dark enough for the lights to come on yet?
My vehicle is locked, keys in my pocket. Eyes are darting from left to right and all around. I place the pump in my tank and look left to see a figure headed in my direction, no worries at this point, maybe he’s headed into the convenience store… every nickel in gas I spend it’s getting darker.
When I look to my right I see another figure headed in my direction, when unexpectedly the figure to my left has a gun in my face demanding my wallet and keys. So, like the responsible, armed, law abiding America, I give it all up in favor of self preservation!
As left figure makes off with my car and wallet I’m faced with the figure to the right who also now has a weapon in my face, explaining how I shouldn’t move. So, like any other good law abiding, gun toting American, I comply, and don’t move!
Suddenly behind the figure to my right, loud screeching and three loud booms from a three car pileup distracts the gun wielding perp. Long enough for me to draw my weapon, crack his skull sending him to the ground, where I now have my knee in his back and a .45 plugged into his brain, Matrix style, he’s learning!
I dial 911 with my free hand, describing to the operator all that’s happening and what I’m wearing. Most importantly that there is a .45 itching to leave the barrel of my gun, spoiler alert…sarcasm!
The crowd starts running towards the sounds of the crash, when the lights come on overhead. Much to the surprise half the crowd sees me and only me. Gun drawn and knee in the back of what the witnesses will call an innocent man.
As the crowd draws near I inform the people and the perp on the ground, that if the crowed moves towards me, I’ll put his brain on the concrete. Everyone is still, except for the creeps heart beat I feel through my knee. I make my point clear, one more heartbeat and I will consider it an aggressive move and I will shoot. Like a good law abiding felon, he complies.
Lights and sirens all over for the accident and the “man with a gun” call. We are both surrounded, slowly, ( it’s a Kimber after all ) I lay my weapon gently down to my right. Raise my hands slowly, so as no to get dead, that’s D E D, dead.
Law enforcement rushes in to handcuff the both of us and retrieve my weapon and the perps plastic toy gun!
As we are separated and placed at different squad cars I’m asked, wait for it, “sir do you have a permit for that weapon?”
I say, of course I do, but the guy that stole my car and my wallet has it! Likely story the officer says and places me in the squad car.
Am I guilty of possession without a license? Am I guilty of using my weapon against a toy gun? Am I guilty of assault with a deadly weapon when I hit the perp?.