Concealed carry holder charged with felony assault in self defense case
HTML-код
- Опубликовано: 28 сен 2024
- Concealed carry holder charged with felony assault in self defense case
*** Click here to sign up for the Legally Armed America weekly newsletter to receive the latest videos, tips, and deals of the week: lp.constantcon...
* Visit CMMG online at cmmg.com/ and use the Legally Armed America discount code FTATF to receive 10% off any online orders!
* Sign up NOW with my friends Attorneys On Retainer for optimum protection in the unlikely event you have to draw your carry firearm! Use my code FTATF and receive $50 off of your $100 sign up fee! attorneysonret...
* Please visit my friends at Gideon Optics over at gideonoptics.com/ for the best price on quality optics!
* Sign up NOW with my friends Attorneys On Retainer for optimum protection in the unlikely event you have to draw your carry firearm! Use my code FTATF and receive $50 off of your $100 sign up fee! attorneysonret...
* Head over to my favorite everyday carry holster company, Falco Holsters, by visiting this link: alnk.to/6xHPfh8
* Join Legally Armed America's RUclips membership program to get exclusive access to perks from Paul:
/ @legallyarmedamerica
* GET BIG DISCOUNTS ON MY FAVORITE EAR PROTECTION - AXIL - HERE: goaxil.com/?rf...
* Get the latest deals on Spartan Amor products like plate carriers and body armor here! www.avantlink....
* For the best tasting coffee from a company that not only says they support the Second Amendment, but their actions ACTUALLY PROVE IT, use my Legally Armed America discount code of FTATF10 at www.blackoutco... and enjoy a little coffee and a lot of freedom!
* Check out Butthurt Brand Hot Sauces and Seasoninig at butthurtbrand.com and help us support autism and Second Amendment organizations with proceeds of all sales.
* Go to ballisticink.c... for Legally Armed America gear including most shirts, hoodies, and caps you see me wear on the show!
* Join Gun Owners of America TODAY and receive discounts across the board on your membership courtesy of Legally Armed America! Join here: donate.gunowne...
* If you'd like to support the channel, we're also on Patreon at / legallyarmedamerica .
________________________________________________________________
Disclaimer: The views and opinions expressed in this video are those of the speaker and guests and do not necessarliy reflect the views or positions of any entities they represent.
If one is carrying they need to be the most chilled out person in the room. Knowing you have the power of life n death with ya.
its just like little kids when they puff out their chest in a fight..he did it to show he was billy bad ass
Agree 100%. I never want to put myself in a situation that would cause me to have to draw my firearm, NEVER! Therefore my ego stays home when I carry a firearm (which is everyday) I'm a Michigander by the way and live about 10 miles from that Kroger.
When I carry, which is everyday, I always do my best to be extra polite and always will try to deescalate any situation I find myself in. I don't want to shoot someone, I hope I'm never in that spot, and one way I try to avoid that is by being the sane person in a situation, and leaving my ego behind, it will only cause these kind of situations.
@@nunyabidness7547he pulled his firearm to show he was billy bad ass? Or maybe the other guy was threatening him and he drew to stop the confrontation.
@@BigTomInTheBasementyou can’t pull a gun over words.
Imagine if every cop that pulled out their gun unjustifiably was prosecuted for assault.
Cops don't just randomly pull their gun.
@@samhixon3593yes they do idk wtf you've been
@@samhixon3593stop smoking Crack dude
@@brianmouton196 he's a bootlicker for sure 🤣😂😂 der cawps are holy and defend our rights hilk hilk hilk
@samhixon3593 Maybe not randomly, but numerous times in situations that did not call for it. That idiot woman cop in Florida that recently got fired because she pulled a gun on the guy who called them. At the time he was wearing nothing but a swimsuit. He was obviously unarmed and the unhinged woman drew her gun on him. There are dozens of videos of cops unholstering their weapons on people who are just recording on a public sidewalk. There are several videos of ordinary traffic stops where the cop inexplicably draws his gun, only to end the stop when he realizes he is being recorded. Claiming it doesn't happen is idiotic. It's not statistically possible that all of the police departments in the entire country are going to hire nothing but good people who do nothing wrong. We all know they are flawed people like anyone else. All we want are consequences for the bad ones so they get replaced instead of drawing more bad people into the profession. Word is out that you can get away with some real scummy behavior if you are a cop, and the real scummy people are flocking to the job.
So pulling a gun is assault, but saying I’ll assault you isn’t??
When I was younger I heard it's better to punch someone (assault), than threaten to punch someone (terroristic threat).
@froglaps40 punching someone is a battery, assaulting someone is pulling a gun and pointing it is assault with a deadly weapon. 417p.c is brandishing in cali. If I say I am going to kick your ass and clinch my fists and walk toward you in a rude and threatening manner that's assault. If I flip you the bird, that's not rape.
The threat is assault if you have the apparent means to carry it out.
Calling a man dressed as women can land you in jail cause the guy has a mental disorder and you did not tell a lie
Well, yeah... because as we ALL know, only Government is responsible enough to carry guns safely! (painfully intense sarcasm).
EDIT: OH! It's a black guy, of COURSE he should be charged.
Since I have been carrying every day, I don't think I have beeped my horn once. That's not because people all of a sudden folks have become stellar drivers.
BINGO.
I always tell myself "I have BIGGER fish to fry than this one!"
Yep this is why I don't play road rage because I always assume the other guy is crazer and better armed than me.
By "bumped into" I think they mean "crossed paths"... I saw NO evidence that they made PHYSICAL contact before things went south. e.g., "I bumped into an old schoolmate I hadn't seen in years at the supermarket today." The carrier started talking to the guy in the vest as he APPROACHED him.
Exactly what I saw.
Brandishing not a felony but a misdemeanor brandishing. There appeared to be no threat of eminent death or great bodily injury.
imminent
@@parisford2020 I hate auto correct.
So you dislike the second amemdment then huh? Literally almost all defensive gun uses are brandishing and nothing else. There are literally statistic to prove this is true for more than 90% of uses... seriously go look up the obama funded cdc study from 2010 then compare that up to 3million number of defensive uses per year to the 11-14k firearm homicides per year.....
If the guy was mad enough to make threats about knocking him out, that's a threat of great bodily harm. Being hit hard enough to be knocked unconscious has a high risk of severe brain damage or even death. People seem to think fist fights are not deadly.
@BigTomInTheBasement what did I miss, did something new come out regarding exact threats? I thought no one has stated exactly what was said. The guy simply jumped the gun, should he have been on guard, sure, but with other people around and clearly moving away from the threat he was stupid to brandish his weapon.
I already know this is in my home state of MI before the video starts. I live in Oakland county and sadly MI is becoming more and more anti gun. I learned only draw your gun when your gonna actually shoot.
And sadly in MI our anti gun governor signed a law that if you have a misdemeanor you lose your 2A rights for 8 years.
I agree with your point where he played being irresponsible for flagging and walking away.
When I took CPL I asked my instructor about brandishing and he told me in MI it’s illegal and you only draw when your life is in great danger. I would have kept it in the holster and walked away.
...could not live in MI.
You understand there are statistics that show 99% of all defensives uses are just the person having brandished the gun right? Quite literally obama funded a cdc study on guns and they found up to 3million defensive uses per year while theres only 14k deaths by firearm per year. You people know nothing and live in a fantasy. You and most gun owners probably never even had to defend yourself without a firearm.
I don’t even see them bump into eachother at all. What the fuck is wrong with them? Both of them. Both should be charged with inflated ego’s
I just like the fact the light for register 6 and 9 are on the same post.
Stay safe folks.
WHAT could that guy have POSSIBLY said to make him brandish?
Might have been a fruit & hit on him or something 🤷♂🤷♂😂😂
Actions speak louder than words. People can say whatever they want. If they decide to take action, then there's a threat. If they don't take action, but you believe the verbal "threat" to be severe enough, you can still file a report.
The guy said he would have slammed him on the ground if he didn't have a gun to the cop. You can tell when someone has shaped and you are in danger no words needed. You don't need a cat or dog to tell you that they are about to attack you can see it.
As it's supposed to!
@@silence6408People CANNOT say anything they want. If unarmed guy said something that was a threat then this is totally justified.
That is menacing at the most. However you just can't do that because of ugly words, you have to be in fear for your life to unholster your pistol. Its not felony assault. Paul you do make a valid point about leaving it out in his drawn hand and how irresponsible he was.
Not sure where you live. But does serious bodily harm not justify use of deadly force where you are? I know it does where I am. The other guy even voiced that he would have slammed him to the ground if he didn't have a gun. That sounds like serious bodily injury to me.
No. Absolutely not. He should NEVER have unholstered his gun unless he intended on using it. You don't pull out your gun as a "show of force" or intimidation tactic. He needs his concealed carry license revoked.
I agree with you. I know enough as a carrier, intimidation tactics will get you in trouble.
100% agree. he was in no immediate danger. this is how concealed carry gets a bad name
I agree in part. if you pull in an inappropriate situation, you need to be held accountable to the extent the situation was in appropriate.
if that includes a warning, charges, prison, or revocation of license, then so be it.
But I don't think people should lose their license because they make other carriers look bad. you should beheld accountable for your actions, not for looking reckless or stupid.
@@geneparmesan6670 Could you explain how there was no immediate danger when the other party stated they would have slammed him to the ground had they not had a gun? You realize a hit to the head like that can very easily be fatal, right? Or do you just want to ignore all that...
@@Melanie16040 because words can’t hurt you. And he said all this after the situation was over. Are you honestly telling me that you think a few heated words justifies pulling your firearm? What would have happened if the other guy had a gun? If I had a 2 second argument with someone, and they pulled a firearm, I would definitely feel in danger and justified in defending myself.
Should have exited store and called PD if he felt threatened to the point to draw and carry his CCW! 🤦♂️
Dad always said “never mess with a guy buying windex.”
He is either down on his luck washing windows on the side of the road, or he’s a guy that sees things very clearly!
I would have not pulled it out. But I don't know the whole story.
Well said, as a carrier, it is my responsibility to keep my emotions in check. If you can't, you should not be carrying
Where this took place, you need to go visit! Soon as you start talking, the locals will start to call you names. I lived in Yankee territory for 8 years. Those locals treated me like I was an uneducated hick or slave. Michigan is the home of some crazy people.
Yee Haw!
Settle down Junior Samples
@@SHUB281 How many times have you mag dumped into a moron? You talk like a teenager with no idea that you aren't anonymous on the web.
West Bloomfield/Bloomfield Hills??... Where were you? ...Michigan is about widely varied of a state culturally as you can get.
Sheiiiiiit... The top two thirds of the state probably knows more country songs and has their trucks lifted higher Than You Do.😂
A personal body camera would’ve told us exactly what transpired here
What happened to when you accidentally bump into someone, you immediately say, "I'm sorry"? What happened to just being polite?
Felony assault in almost every case is due to actually pointing the firearm at someone. Simply drawing the firearm, and keeping it low ready doesn't constitute felony assault. I don't see how this can be a conviction.
Brandishing is assault period. It is escalating a confrontation into a death threat.
Dude was completely wrong drawing his piece when there was no apparent threat. Double wrong for keeping it out.
3:45 he just flagged that bald man in the blue because he didn't reholster.
and not having a proper grip on the gun makes that even scarier
I always learned if you ever have your draw your weapon, even if no shots were fired, call the police as soon as you can. Hopefully you’re first to call.
There was no reason to pull his gun. Theres a barrier between them and he was clearly walking away.
This!
Technically there's no offense, but prosecutors have immunity to maliciously prosecute anyway.
I give you Kyle Rittenhouse.
Where was Hunter Biden?
This is where witnesses are NOT your friend. Especially the person who was involved. Who most likely told the cops a vastly overblown version of what actually happened. If that witness signs the statement, that is what the cops involved are going to consider for the charges.
Now it's up to fighting the case in court.
Personally? I shed no tears. I live in a city of people like this. Remember the Chiefs parade? Two black guys getting into a gunfight over one of them staring at the other wrongly? That's where I live. That's the mentality that runs rampant here.
No there is offense. This was reckless endangerment to everyone in the store at the very least.
@@martinswiney2192
Bullshet. So when one pulls their gun for protection, any others around are automatically in danger? LOL
Citizen draws a firearm after being threatened, yet cops regularly roll up with firearms drawn without being threatened.
After walking away, I'd re holster.
Brandishing. That guy makes concealed carry holders look bad.
He was threatened with violence, unholstered his gun, ended the threat. Ended it without violence. Justified.
@@dansemacabre6515yup
@@dansemacabre6515 the law states deadly force can be used when necessary to prevent the imminent death of or imminent great bodily harm to himself. The question is: was imminent great bodily harm present?
Brandishing law is tied to the self-defense law stated above. This case falls squarely in the gray zone and will make case law soon I’m guessing.
It might rise to a brandishing charge, not a felony assault charge.
Pulling a weapon is a last resort.
He flagged multiple other shoppers. He was begging for a potentially fatal ND.
Brandishing laws should be done away with and the local gov should not have charged the guy with the firearm.
Watching him keep looking at the other guy makes me wonder if he knew him. Holster your weapon once it’s known he’s armed
Looked like they were moving away from each other and were separated by 5' tall counter before he brandished the firearm?
Dude that unholstered his gun was in the wrong! He wasn't in any immediate or imminent danger, as a concealed carrier, he should have known better, words are words, he could've said excuse me and moved on
In Georgia he would be charged with felony menacing unless he can prove that he was threatened with death or great bodily harm
Carrying a firearm should not embolden you to be aggressive. Instigating a confrontation makes you wrong if it escalates.
All he did was brandishing a firearm.
I thought there was a law against brandishing??? So that's his defense??? Well he can go to jail just like all his other brothers.
Houston Kroger is no Open Carry But walking around in Krogers with a loaded gun in his right hand brandishing and flagging the customers while checking out i would consider well beyond Open Carry! Arrest him for brandishing and flagging the customers and move on. I hate going to the gun range because of stuff like this.
If this guy points his gun around like he did, everyone should have cleared out. Reckless discharges happen.
Hypothetically what if you’ve been waiting 2 hours at the DMV and the teller rudely tells you that you don’t have the correct form. Draw it or no draw it?
This could have escalated to a gun fight when it would have just been an exchange of words if the other guy was armed.
When the 2 dudes parted the dude should have reholstered his gun. That is what got himself arrested.
Keeping the firearm in his hand was stupid I would have walked away and just left my items and reholstering my firearm unless he was following me.
Checking out with the firearm in his hand and turning his back on the supposed threat definitely does not help his case.
If you’re going to carry, it’s your Obligation to leave your ego at home.
"Improper public display of firearm" but not Assault.
Got him for “brandishing”
Assault?
Where's the victim?
It was a defensive display
Uhh, no, can't do that. At a minimum that is brandishing, also don't do. I don't see this as assault, perhaps a form of threat though. If you are going to carry, you have to know this shit.
Gotta love Arizona for having a good defensive display law
Never should have been shown let alone drawn!
As a juror, I will hold my position of "not guilty"....and never budge. He should have re-holstered sooner, but in fear....he didn't really know what to do. Not guilty. Firm.
(Something like this happened to me)
I think he should have kept it put away. He wasn't in that much danger.
I hate the term "reholster". There is only "draw" and "holster". There isn't a "redraw" and no "reholster".
We need to wait and get more info, because there is more going on between these guys than meets the eyes
What ever happened to a simple, "excuse me, my bad"? Both sides have forgotten common courtesy in this case. Life is too short for this crap!
I ain’t renewing my permit because I have a right to carry and don’t need permission to protect myself.
That guy is b/s/ he was ten feet away from the guy. "Brandishing"> Arrestable.
He was clearly rattled by something the guy in yellow said or implied. He was watching him like a hawk the whole time he was at the check out.
Sometimes that's all it takes is to show the gun and the situation is defused.
Never would have been in that situation. Like you said. Now that I carry I am hyper aware of things and people around me. If I bump into someone then its “sorry man “ and I back away. Now if the other person wants to escalate the situation the its game on.
I live in Oakland county and the Goberment is getting more anti gun here. One thing I noticed is that blonde lady that was behind him when he pulled it didn't seem to scared. just went on her way when he went to the checkout
Paul - forget about looking ahead, because accidental bumps can happen anyway - think about apologizing first, even if you didn’t cause the bump or issue.
I would have just apologized and kept it moving
The easiest thing these two men could have done was just say sorry brother didn't mean to bump you.
Where was the threat again asking for a friend
Perhaps it was the guy that told the cop he would have slammed him on the ground if he didn't have a gun? All over an innocent bump....
@@ob1coyote Trash talk after the fact is irrelevant. At no point do I see the green shirt guy moving toward the suspect in an aggressive manner that indicates a violent threat.
@@ob1coyote I'm guessing that you're being a little bit sarcastic from the way it's worded. If you're being genuine, I'm sorry for misreading that.
He's gonna have a really hard time proving he felt threatened, unless he can prove the other hood threatened him with a weapon. The guy in the yellow jacket is at least 7 feet away from him when he drew the firearm.
@@RedWaveGraphics Agreed
The prosecutor is acting incorrectly
If he was that much in fear the last thing he should’ve been worried about is checking out smh 🤦♂️
I'd charge him. He was ready to kill over words.
deadly force meets deadly force. You have a verbal dispute with someone & then you display a firearm!?! Even if the other jerk made a verbal threat, so what. Where’s the other guys deadly force? Where is the other guys immediate threat to your life?!?
I agree, he should have re-holstered and left, That being said, he should get no more than a small fine and a concealed carry re-fresher course as punishment.
Bring back the pin of shame
Walk away.
I don’t know if there was any backstory but this is a great example of why anyone carrying or even not carrying having at least some less lethal options and pursue training opportunities above and beyond the concealed carry class. I can see someone feeling scared and doing something like that if they haven’t at least given some prior thought to what they would do in various situations, even if only “cookie cutter” hypothetical situations.
Right by my house. Awesome. Total bs.
Thats about 10 miles from me, and I am a CPL Holder too. Its an Upper-Middle-Class uppity liberal city.
I don't know if any specific verbal threats were issued, but based on what I saw on the video alone, I didn't see any reason for him to draw his gun, much less walk around with it in his hand afterward.
Looks like he's the type who gets scared easy, and goes right to his gun first by default, when there is no physical threat yet.
Ghetto Posturing...
...That being said, he shouldn't be charged with Felony ADW. Maybe Misdemeanor Brandishing. Knowing Oakland County, how a lot of Prosecutors operate, for that matter, they probably Overcharged him so that it could be pled down to the brandishing charge that it actually should have been originally...🤔
...And, to your question, Yes, Michigan is an Open Carry and NDTR State. But 'Open Carry' is not the same as walking around with a pistol in your hand. By law a pistol must remain holstered, or a long gun must be slung, unless hunting, or being drawn in response to the immediate threat of death or great bodily harm to you or others.
...You can't just mosey around with a pistol in your hand, or a rifle in your hands at low ready.
And 'No Duty To Retreat' means that you are not forced to resort to only running away when you're actively being assaulted or pursued by an assailant. ...It doesn't mean that you can draw your gun to end verbal arguments.
The guy draws his gun at any slight wanted to create a situation to justify shooting someone.
Do you notice the other people around don't even look up or run away? If you're in close proximity and there was any disturbance, I'm going to take notice.
As good citizens, we should always look to de-escalate situations before brandishing any firearm. Say your sorry, swallow your pride and look for a peaceful resolution if possible.
In Indiana you will be arrested for the same thing even if it happens in your own home, and prosecution will pursue the charges maliciously just to delay/obstruct the civil rights lawsuit. Ask me how I know.
You never draw a gun unless you are going to use it.
Well drawing the gun is using it. It says you mean business.
Shooting it means your business is done now.
@@Hareball001You know what I meant, but because you are playing stupid.
You don't draw flash or show a gun.
The only time a gun should be leaving a holster in public settings that isn't the gun range is if you have to kill someone.
F around and find out ! P. S. You can’t fix stupid ! 😮
My understanding is you can't pull a gun even if they punch you in the face because they don't have a weapon
Oh Ya Satan Dont Want A Person To Protect Him or her self...
Watching this closely, these two know each other. Gun guy is standing there and yellow shirt walks up and words are exchanged. Blonde woman tries to get gun guy to move along and more words are exchanged then gun comes out. It's a good thing cops were close because this likely would have spilled out into the parking lot.
Yep... no "bump", they just CROSSED PATHS, and the carrier was ALREADY talking to the other guy as he approached... like they had a HISTORY.
Looks like brandishing to me. Not a smart concealed carrier, or a good representation of what responsible carrying looks like.
He shouldn't have pulled his gun in that situation going just by this video and the reports.
You bump into someone just say "excuse me " and go on.
It's not that serious and better to just walk away.
Let's say the individual did tell the man, "I'm gonna put you on the ground and s m a s h your...in. Back slowly away and say you don't want any trouble... something like that, and don't take your attention from him.
Whether it's a physical altercation or a self-defense situation, it should be that's my only option, and I had no other choice but truly feared for my life, severe bodily injury.
He drew to threaten, that's deadly force.
"Feelings" are subjective and fear is a feeling. The whole, "I was in fear for my life", does not support the use of, or the threat of use of deadly force, unless there's objective evidence that the threat against you was deadly. Based on the video w/o audio, there was no justification for drawing his weapon to begin with. It only gets worse from there.
Keep it concealed.
Never pull your weapon unless you intend to use it.
In many States that is brandishing.
Im sure he wont get his gun back.
After he walked away, he should have reholstered his weapon. Whether he kept it in his hand for everyone to see or was back in his holster. The people that he needed to see it, saw it and the threat was over. He was not coming back for round 2, so he wasn't gonna have to redraw the weapon. The guy already had his heart taken from him the first time he saw it.
I agree. We all need to be better. It's definitely a lack of training and common sense.
Prosecutor needs disbarred this is obviously political
The situation to me looked like a gun shouldn’t have been drawn. In any case the minute he walked away he should have safely holstered that pistol.
This is why I carry pepper spray along with my firearm! You should only draw your firearm when there is a deadly threat! 🤦🏻♂️
Yep... as I told someone "Now, if nothing else, the next time someone asks me to 'pass the pepper', I can just spray their food right from where I'm sitting!" 🙂
And pepper spray works best if you have a firearm to back it up in case it just pisses your adversary off even more!