Anyone who follows self defense advice from the internet deserves to be in prison.
Also what your stating is not what happened nor is it the scenario I was talking about. You just invented a random situation to prove me wrong.
Some one pulls a gun on you(brandishing). That is a threat of deadly force. You can now legally respond with deadly force, meaning quick draw your pistol and shot. For your situation to manifest the person brandishing the gun would need to drop the weapon or holster it again, thus eliminating the imminent threat of deadly force. This is not what happened as far as we know and no where did I suggest to shoot someone who is surrendering. That is called murder.
Pulling out your gun(brandishing) just to prove you have it is stupid. You have now escalated the situation without solving it in anyway. You are taking an extreme risk that the other person brandishing is bluffing and despite being in your right to fire in self defense are only interested in bluffing.
The main point, and only point, is that legally speaking if you have the right to pull a pistol to defeat an imminent deadly threat you also have the right to fire that pistol. There is no middle step legally speaking, either the threat is going to kill you or it isn't. Brandishing instead of just shooting is the same bullshit as a "warning shot". By brandishing and NOT shooting you admit the threat was not imminent and you could afford to bluff.
Anyone who follows self defense advice from the internet deserves to be in prison.
Also what your stating is not what happened nor is it the scenario I was talking about. You just invented a random situation to prove me wrong.
Some one pulls a gun on you(brandishing). That is a threat of deadly force. You can now legally respond with deadly force, meaning quick draw your pistol and shot. For your situation to manifest the person brandishing the gun would need to drop the weapon or holster it again, thus eliminating the imminent threat of deadly force. This is not what happened as far as we know and no where did I suggest to shoot someone who is surrendering. That is called murder.
Pulling out your gun(brandishing) just to prove you have it is stupid. You have now escalated the situation without solving it in anyway. You are taking an extreme risk that the other person brandishing is bluffing and despite being in your right to fire in self defense are only interested in bluffing.
The main point, and only point, is that legally speaking if you have the right to pull a pistol to defeat an imminent deadly threat you also have the right to fire that pistol. There is no middle step legally speaking, either the threat is going to kill you or it isn't. Brandishing instead of just shooting is the same bullshit as a "warning shot". By brandishing and NOT shooting you admit the threat was not imminent and you could afford to bluff.
Please don't be stupid, it hurts my soul.