Even though the parking lot was dark, Joe could clearly see it in what was in the guy’s hand…
It was a baseball bat… and the other 3 hoodlums also moved into “attack position” as Joe made his way to his car and – fearing for his life – pulled his concealed handgun from its holster and forcefully shouted at them…
… “STAND BACK!”
Joe didn’t have to fire a shot – the thugs backed off – and a passing police officer noticed the confrontation and stopped to hear both sides of the story.
A few months (and a mountain of lawyer bills) later, Joe Nichols is facing a 5-year sentence for Felony Menacing (called “brandishing” in some states) – a verdict that would make him a “felon for life” and perhaps never able to legally own a firearm again.
Joe’s wife and kids prayed for a miracle from their courtroom seats and…
It Looked Like A Legit “Self-Defense” Encounter –
Until The Jury Saw THIS Piece Of Paper…
Here’s how the transcript would likely sound during the DA’s cross examination of Joe…
DA: “Mr. Nichols you pulled that gun to scare these kids didn’t you? They weren’t really bothering you at all, you just had to show them you had the upper hand didn’t you, and that you had a pistol?”
JOE: “No, there were four of them, they were all moving to position on me at the same time and it was obvious they planned to attack me … I was in fear for my life.”
DA: “In fear for your life? You’re saying you wouldn’t have displayed your gun and menaced these kids if you didn’t feel threatened?”
JOE: “Well of course I wouldn’t.”
DA : “That puzzles me Mr. Nichols because on the ‘Guns a Blazing Blog’ two months ago, someone posted how he felt a little uncomfortable when four youths were around him in a subway car.
In response, you commented – and I quote – you wrote: ‘If that were me, those little sons of bitches would sh-t their pants when they saw my gun’. Now which is it sir, were you lying then… or are you lying NOW?!“
A little scary to think about, but this is the way courtrooms and DA’s really work.
Congress and the American Bar Assoc. say it’s legal to use anything you post online against you in court… and you can be damn sure the DA will twist it ‘six ways from Hell’ to boot.
Now ask yourself… what have YOU posted on-line for eternity?
Here Are 4 Ways To Avoid A “Guilty” Verdict
If You’re Ever Forced To Pull The Trigger…
1. ALL Lives Matter (So LIVE IT!)
Life is precious and shooting someone isn’t “fun” – no matter how much you think they deserve it.
Ask any police officer or soldier who’s had to watch someone die from a bullet from their weapon – even when their target was trying to kill them!
Pulling the trigger may be necessary to save your life or the life of someone you love – but the psychological scars are long-lasting.
Even more so if you’re unable to attend your kid’s and grand-kid’s birthdays, graduations, weddings, etc. because you’re spending the rest of your life behind bars.
Don’t stroke your ego with b.s. smack-talk to your friends and in online comments.
2. Save The Sarcasm And Jokes
When you do post online, remember… “sarcasm” can’t be seen on a computer screen… nor when “printed” out on paper.
When the DA or Judge holds up a print-out of your blog comment about how “all those little dirtbags would be pushin’ up daisies in my backyard if they ever tried that with me”, it WON’T be read with a snicker and giggle to the jury.
It will be read as if you’re the neighborhood “gun-nut” who should be locked up “before you strike again”.
Grow up and be professional with your comments.
3. “Reverse” Your Public Image
Ok, so you’ve done your analysis and you’re thinking of all those “oopsies” you’ve littered around the internet that can be used against you now, eh?
Don’t worry – you’re not screwed (yet)…
It actually HELPS if you post comments online to show how your views have “changed”… but ONLY if you actually know your legal responsibilities in a shooting.
More on this in a second…
4. Adopt A “Legal Mind-Set”
I think it’s completely irresponsible for any gun-owner to not fully understand the correct legal justification of when you can even pull out your “smoke wagon” in the first place.
I can tell you that 90% of the gun-owners I talk to are absolutely clueless about their “shoot-don’t shoot” decision-making (even those who consider themselves “experts”).
Attorneys LOVE numbskull gun-owners who don’t understand the legal system.
They’ll run circles around you on the stand unless you can INTELLIGENTLY explain why you felt you were justified to pull the trigger.
You don’t have to be a lawyer… but you DO have to know your legal responsibilities of when you can even pull out your firearm, let alone fire it (even in self-defense).
Yes – One Wrong Move Can RUIN The Rest Of Your Life!
As you can see, the courtroom can be a virtual minefield of mistakes that can ruin the rest of your life.
The “Reasonable Man Doctrine” is what allows the prosecutor to pull in your frame of mind before the shooting as evidence against you.
But YOU can use this same Doctrine to your advantage as well by showing your efforts to take your legal responsibility seriously.
One way is to take a legal class that could back you up as “proof” of your prior knowledge before you were attacked.
But those are hard to come by and VERY expensive (lawyers aren’t cheap, you know.)
As an alternative, our Bulletproof Defense online training course starts with this not-so-simple “Shoot – Don’t Shoot” video quiz that shows you how one wrong move can ruin the rest of your life!
Then, the course itself not only shows you your legal responsibilities in a clear, concise and “visual way” (without all that “lawyer speak”), but it ALSO gives you the evidence you need if you ever have to defend your actions in a court of law.
Regardless of how you proceed, whatever training you take should have a certificate of completion of some type that you can submit as evidential PROOF that you knew what you were doing when you defended yourself, based on the curriculum of your class or training.
But here’s the key…
You MUST show that you took the course BEFORE you were forced to fire, or it does you no good in court.
What you knew after you pulled the trigger has no relevance to your decision-making process because you didn’t actually “know” the information at that time – or at the very least, you can’t prove you knew it.
I believe every single gun-owner is naked (in legal terms) without this type of training – and you’re really setting yourself up for a nasty surprise if you’re not fully “armed” for the courtroom as much as you are for the street!
Where in the constitution does it say a felon can’t own a gun..congress does not have the power to pass laws that supersede the law of the land.. you I thought would know this..
Posting signs at your home or business with messages such as, “Trespassers will be shot,” “Protected by Smith & Wesson,” and “Don’t worry about the dog, Beware of owner” might look cute or humorous but can be used against you in court. Instead of signs, just place a large dog bowl and a partially chewed bone or dog toy on the porch or near the door, even if you don’t own a dog.
I would like to know how to find from a legal perspective. When is it ok to brandish to prevent being attacked. It seams state and even county dependent.
I also humbly request if at ALL possible to get Scott Reitz on for an interview on this subject. I was able to take many of his classes and he included loose legal frame work to a degree on when its justified to use deadly force. It was not legal advice but some reasonable advice.
Iv called my DA here in CO years back if they could give an opinion on the use of deadly force. Their response was to “go to the Denver University Law library.” Not something like (you must have reasonable cause to suspect or in fear of great bodily harm or death.)
Also be able to articulate the circumstances of why you did XYZ and when in any doubt don’t shoot.
As Scott said in many classes LIGHT has saved more lives than guns its always good to have a bright white light if confronted like the gentleman in the story above.
Iv also cleared a parking garage at night came out of an elevator and used my EDC light to see down the rows under the cars and two guys popped out and said sorry to me as they passed. Idk what that was about or if they has ill intent.
Iv seen you have an interview with Scott a while back. I miss that old salt.
Back to the topic of brandishing and not the use of deadly force. This e mail starts off about brandishing but does not cover this. Iv taken the warriorlife course it does not cover brandishing.
Also you can find the 2003 CDC study on gun crime here.
https://hillpeoplegear.com/Education/Gun-Control Good people by the way.
Sorry this post is verbose and a bit unorganized.
Thanks for posting this Jeff and if you do talk to Scott tell him and Brett I said hello 🙂