Glad I was Packing My 442

[crofoot629]

Wow! If I drew my pistol for every panhandler I'd be a busy man.

I never understood the pistol out and behind your leg thing either.
I was trained to keep the muzzle between me and the threat.

Emory

 

[RevTracy]

So throw all the flame you wish, but I'm a bit leery of those who instinctively "draw" a firearm, seen or unseen, at anything they perceive as a "possible" threat...I'll stand firm behind my principle of drawing only when threatened with harm and not before. I don't need jail time for what I "thought" might happen.

Spoken like someone who has never faced the business end of a gun or survived a near-miss by a knife wielding moron outside of combat (given your screen name I assume you may have served in combat). I have experienced both as a civilian (never been a LEO), and thank God I survived. I am more than a little careful about strangers asking me for anything let alone at 0300 in an isolated location.

Yes, you are right...the guy asking for a smoke has the right to be there. However, his right to be there has no bearing on the situation or what Old Cop did. It has nothing to do with his rights...it has everything to do with the right of a potential victim to be proactive and protect himself. The weapon wasn't brandished...Old Cop didn't point the weapon at the stranger...he simply had it ready to go IF the need arose. Thankfully it didn't.

SMSgt, you are obviously entitled to your opinion and I hope you stay vigilant and safe...but don't give a person with 30+ years of LE experience a hard time.

 

[tops]

In the real world a person should see a threat in someone wanting to get close to you when it doesn't seem normal. Wanting a cigarette or asking directions is the oldest trick in the book. Two wanting to get close to one person or one person wanting to get close to an old man is "disparity of force" and should be viewed as a threat. Larry

 

[USAF385]

The OP's Spidey Senses started to tingle. Anybody who is saying he acted incorrectly is saying you should ignore your gut feelings. That doesn't do much for survival.

 

[NFrameFred]

I'll stand firm behind my principle of drawing only when threatened with harm and not before. I don't need jail time for what I "thought" might happen.

Well, I'll stand with those who think that when something doesn't feel quite right it's prudent to prepare for the worst, and a quote from, I believe, Mas Ayoob who once wrote that if you wait until you see the other guy's gun you'll likely see what comes out of it before you can react.

Without threatening or brandishing it is quite possible if the guy was up to no good that his feral instincts picked up on the OP's body language that said, "go find an easier victim".

And unless there was cop standing there to render a judgement call on the act constituting an offense there was no danger of 'jail time'; and if there had have been a cop there it would have negated the need for the action. I hope that with your view you're never put in situation that can go against you in a heartbeat since you'll be at the disadvantage.

 

[redlevel]

Wow! If I drew my pistol for every panhandler I'd be a busy man.

I never understood the pistol out and behind your leg thing either.
I was trained to keep the muzzle between me and the threat.

Emory

I have answered a knock at my door in rural Georgia in the wee-wee hours on several occasions with a revolver in my hand, down by my leg, my body between me and the door. No need for the door-knocker to know I was armed unless I needed to let him know, and no need to give him the opportunity to rush me and grab my gun arm.

 

[badge 851]

SMSgt: No offense taken sir. I fully respect your right to disagree, hope you stay safe and do not become a statistic.

Old cop; you Sir are a Class Act!

 

[SMSgt]

I have answered a knock at my door in rural Georgia in the wee-wee hours on several occasions with a revolver in my hand, down by my leg, my body between me and the door. No need for the door-knocker to know I was armed unless I needed to let him know, and no need to give him the opportunity to rush me and grab my gun arm.

There is a world of difference of what one can do in a private residence vs a public place. Entirely different statutes apply for different settings.

For all you naysayers, I never said the OP should be arrested, only questioned his drawing a gun because someone asked for a cigarette. The perception of threat is what a "reasonable man" perceives; not you, not me, not the OP, but the those twelve "reasonable persons" that may be on a jury.

The point is not whether he was seen doing so, the no harm/no foul is irrelevent. Whether he "needed" to draw is a question that cannot be answered. His perception, base on his experience and training, compelled him to react as though he were still on the force, still making warrrant arests, etc.

What he felt was proper, what he may or may not have done while on the force, may very well put the common citizen who does the same thing in jail for aggravated assault.

I'm glad things worked out well for the OP. It may have worked out just as well with a holstered firearm--or no firearm at all, but that is not the basis of my original post.