Situation: An aggressor (could be male/female) is attacking someone with the intention of great bodily harm or even death with a deadly weapon in hand, you are a ccw holder(PTC), you draw your pistol at low ready and shout command to the attacker to drop the weapon which he/she does but, after dropping said weapon the attacker begin to advance to your position showing signs of aggressive behavior towards you but is unarmed.

Question: What would you do?

Thanks!

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Prepared, not paranoid.

Norkia 1911
Motorola P-35

I would stop the aggressor by using only the force necessary. Deadly force would not be appropriate according to the law and as you have indicated, the gremlin has no weapon in hand and deadly force is not necessary, even better, retreat if able and assess the situation. It's really a hard call to make. We can all sit in front of the comfort of our computers and "armchair" this scenario with out really knowing what we would do unless faced with it. My .02 cents worth.

Without a weapon the law(in N.C.)would not allow use of deadly force generally. If the attacker is some big fella on drugs there could be some leeway. They would just about have to be on drugs to advance on someone holding a pistol. It would not be a good idea to shoot an unarmed man even if he was advancing especially since you have stopped the attack on the other person now duty to retreat would come into play. Stopping the bodily harm ends the justification of deadly force. You and the other person should get the hell out of Dodge and call the law ASAP. Let them handle it from there. Keeping myself out of trouble with the law ranks right up there with protecting myself.

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From my cold dead hands.
If it ain't a Colt its a copy.

As he's beating the crap out of you, wait until just before you are ready to pass out and then shoot his sorry butt. That should satisfy self-defense requirements.

Adios,
Bob

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NRA Life Member since '67

"Never interrupt your enemy when he's making a mistake."
Napoleon

Here in Minnesota, The law does not say that he has to have a weapon.
If all the conditions are meet and retreat is not an option, I will shoot and I will keep on shooting until the threat subsides!

I agree with horse 91-A1, am not waiting to see if the guy wants to give me a big hug.

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It only takes a few seconds to dial 911, It could take the rest of your life for help to arrive!

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In WA. one does not have to be armed either..........just perceived as a threat that could end in great bodily harm.
But there are other factors......proximity to you, overt act towards you, words, physical actions, etc.

Just the physical size difference can be enough. If he's 6-4 250, and you're 5-8 165.......you're good to go, as long as the above applys.

The best money you could spend is sitting down with a good attorney and go over some of these scenarios. It'll be worth it for your peace of mind.

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If it isn't durable, it isn't reliable.

In Florida, you've already done far more than necessary to save the guy's life. If he's still coming at you, you are free and clear to shoot if you feel you or anyone else is in danger.

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"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom."
-John F. Kennedy

In most states "good samaritan" laws are intergrated into CCW statutes and a provision exists to help innocent bystandards when life and limb are in great jeapoardy and in some states, its the responsibility of a CCW holder to do just that.
Although the threat of civil liability is always present, you must do the right thing and help people.
but consider this counterscenario.

1. You observe a man beating the crap out of a woman and he is doing her great bodily harm.

2. You intervene and command the suspect to immediatly stop.

3. The suspect subsequently charges you.

4. You neutralize the threat.

5. He later dies in the hospital.

6. The girl's life you just saved ends up suing you because she is an abused spouse who loves "bab boys" and blames you for taking the life of her loving husband. She testifies in court that it was none of your business and that he was in anger management counseling and was having a bad moment and that you took the life of her children's father. A bolshevised ACLU lawyer rips you to shreds on the stand. A civil judgement is filed against you for $100,000 for depriving her of her livelihood due to emotional distress.

7. doesn't think it can happen, happens every day!!!, more often than you think.

8. Yes, you are still obligated to do the right thing. , but no good deed goes unpunished.

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NRA Certified Pistol Instructor, IDPA, Wyoming Antelope Club.
Student: " Why do you like 1911's so much?"
Instructor: " Is there a centerfire pistol that points more naturally?"
Student: "no"
Instructor: "You have your answer"

You are correct that most, if not all, states which allow open or CCW of self-defense handguns also have some sort of provision that says in any situation in which you would be justified in using lethal force to defend yourself, you are also justified in using the same lethal force to defend a third party. I am not aware of ANY state that makes this a requirement. If you know of any, please cite specifics.

Perhaps more importantly, the provisions to which you refer are rolled into each state's laws pertaining to the use of firearms and self-defense. They are not "good Samaritan" laws. Good Samaritan laws generally apply to doctors, nurses, Boy Scouts, and others who might render first aid or other assistance at the scene of an accident or similar incident. These laws provide that providers of well-intended assistance may not be held liable if the person receiving the assistance subsequently dies. The wording in some states might be broad enough to include shooting a person who is assaulting a third party, but I suspect this would be a small number of states. That is covered elsewhere in most states' statutes, and is not the purpose of so-called "good Samaritan" laws. They are intended to protect medical professionals from lawsuits arising out of voluntarily rendering aid in emergencies.

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Hawkmoon
On a good day, can hit the broad side of a barn ... from the inside

In this case, the term "good samaritan" is used in a generic sense to convey the "spirit" of the law.

__________________
NRA Certified Pistol Instructor, IDPA, Wyoming Antelope Club.
Student: " Why do you like 1911's so much?"
Instructor: " Is there a centerfire pistol that points more naturally?"
Student: "no"
Instructor: "You have your answer"