You are right. The guy that drew was in the wrong and, personal opinion, unstable. I'm sure there's a sob back story that makes it ok for him to draw on people who make an honest mistake, but this scenario doesn't have a defense.
Edit: I also reread the post. I assumed he was outside his car because it was locked. Good thing it was locked and there wasn't a justified shooting by a**hat.
Any plans for a fourth marriage?I've been shot at twice and had a shotgun aimed at my chest once.
Nothing quite like the experience of life or death in an instant to get your senses concentrated on a single issue.
I would hope to be prepared and stay level, understanding a mistaken car is common.God forbid you ever find yourself in the same sort of 'sob story'.
ThisI might draw in the confines of a vehicle under those circumstances, but I would do my utmost to NOT point it at any living thing or allow it to be visible while engaging in clear commands to back away.
Instead of quoting the code title why don’t you post the verbiage also so that others may learn?Good Lord. For a site that attracts those who arm themselves for self protection, there are WAY too many who are ignorant of the ONE LAW they should know inside and out. IC 35-41-3-2. Many of these questions are answered just by reading it.
Yes castle doctrine applies if you or a family member is in the house. But, if you come up to your house and are outside with nobody home my understanding of Indiana law is you legally should retreat and using deadly force in that circumstance would leave you open to prosecution.Your vehicle is your Castle just as your house. If you point a gun at someone who keeps trying to open your locked house door then you are going to be fine. IMO it is not anywhere close to intimidation.
Now if you're walking around a grocery store pointing out all the good deals with your heater, it's going to be a different story.
Yes, the owner/driver was sitting in the driver's seat.After seeing all the confusion, I reread it and seems he may have been sitting in his locked car.
There is confusion in the thread. I hope the op chimes in.
The owner/driver was sitting in the driver's seat.Hmm, I didn't take it as he was out of the car. I took it as he looked down and saw the gun as in the window.
That would change my feeling some, not a lot.
I too would like to hear his version. My heart and my head tell me that two cool heads acted appropriately.Random thoughts...
The occupant of that vehicle was right to have his weapon IN HIS HAND at that moment...
If I'm on a jury, the occupant reasonably perceived a threat...
From 2 feet away, even the OP's hands may be considered a threat...
Attempting to open the door could reasonably be construed as a threat...
Pointing the weapon at the OP, while attempting to warn him off is iffy...
The occupant may well shoot/kill an innocent some day...
I'd love to hear the 'rest of the story' (the other side)...
Had the occupant opened fire, and the OP returned fire, lots of folks would say "CC got 2 innocent people killed. Repeal it."
Ugly situation, gone south quickly. I am glad everyone is OK.
Instead of quoting the code title why don’t you post the verbiage also so that others may learn?
There is no such thing as "brandishing" in Indiana law. The statute specifically and narrowly refers to pointing a firearm at another person. "Brandishing" means to display, wave or flourish a weapon in an excited or aggressive manner.A brandishing a weapon charge is a Level 6 felony, punishable by between six months and two and a half years of incarceration and fines up to $10,000. However, if your firearm was not loaded at the time, you may only face a Class A misdemeanor.
Instead of quoting the code title why don’t you post the verbiage also so that others may learn?
This just reenforces my earlier statement that so many here spend SO MUCH time talking about self defense but have no idea what Indiana law actually says regarding it.Do people really need to be spoon fed to the point they can't look up and read an IC themselves? Damn.
9 words, worth every penny paid and more. "Essentials of Indiana Gun Law by Guy Relford, Attorney"This just reenforces my earlier statement that so many here spend SO MUCH time talking about self defense but have no idea what Indiana law actually says regarding it.
You are being too literal. From US law shield:There is no such thing as "brandishing" in Indiana law. The statute specifically and narrowly refers to pointing a firearm at another person. "Brandishing" means to display, wave or flourish a weapon in an excited or aggressive manner.
This however changes the dynamics and legal standing of the guy with the gun pointing at the OP. I and several others got the impression the owner was not in the car. Given this clarification I think both the OP and the car owner let cool heads prevail and avoided a bad situation for both.The owner/driver was sitting in the driver's seat.
Of course I'm being literal. Something is either legal, or it's illegal. "Brandishing" does not mean to point a firearm at someone. You are wrong, no matter how many websites you link citing laws in other states. There is no such thing as "brandishing" in a legal context in Indiana. Period.You are being too literal.
Amen! And it's always better to be judged by 12 than carried by 6...9 words, worth every penny paid and more. "Essentials of Indiana Gun Law by Guy Relford, Attorney"
No, the courts interpret the law as they see fit, if it were that simple I could get a straight answer from the IRS (that would hold up in court) and not have to hire a tax accountant and there would be little/no need for lawyers.Something is either legal, or it's illegal.
You just verified to yourself why you should post it. Many are probably clueless and won’t research but if you posted it it may give them the spark to investigate it further.This just reenforces my earlier statement that so many here spend SO MUCH time talking about self defense but have no idea what Indiana law actually says regarding it.