random road rage on Calaveras
09-12-2010, 05:51 PM
#152
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Location: San Leandro, CA
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I don't recall the reference, but using a gun to solve a traffic dispute is a misdemeanor or more in every state now I think...IIRC it's under the gun laws, not the DMV codes.
DO NOT wave a gun around unless you wish jail time, or you can ensure you'll have no witnesses.
DO NOT wave a gun around unless you wish jail time, or you can ensure you'll have no witnesses.
In this state, if you feel your life is in danger, you have the right to defend yourself with up to, and including lethal force.
The problem in his senerio would be that he does not have a CCW permit, so that is a felony. However for the sake of arguments, if you had a CCW, and the guy got out in front of you like that, you could, within the confines of the law unholster your weapon, extend your other hand and say "STOP, I have a gun, Lay on the ground NOW!" if he advanced on you from that point, you would be in your rights to defend your life.
Great thing about this state, the DA has the duty to prove you were NOT in fear of your life...the state automaticly assumes your side of the story.
Hence why I am working so hard to get my CCW for this state, ********* like that BMW driver, who could very well have a weapon and could have caused a lot of problems. That said, as I pointed out before, I would have run his *** down right there in the street for coming at me like that.
09-12-2010, 09:11 PM
#153
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Join Date: May 2004
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WRONG...
In this state, if you feel your life is in danger, you have the right to defend yourself with up to, and including lethal force.
The problem in his senerio would be that he does not have a CCW permit, so that is a felony. However for the sake of arguments, if you had a CCW, and the guy got out in front of you like that, you could, within the confines of the law unholster your weapon, extend your other hand and say "STOP, I have a gun, Lay on the ground NOW!" if he advanced on you from that point, you would be in your rights to defend your life.
Great thing about this state, the DA has the duty to prove you were NOT in fear of your life...the state automaticly assumes your side of the story.
Hence why I am working so hard to get my CCW for this state, ********* like that BMW driver, who could very well have a weapon and could have caused a lot of problems. That said, as I pointed out before, I would have run his *** down right there in the street for coming at me like that.
In this state, if you feel your life is in danger, you have the right to defend yourself with up to, and including lethal force.
The problem in his senerio would be that he does not have a CCW permit, so that is a felony. However for the sake of arguments, if you had a CCW, and the guy got out in front of you like that, you could, within the confines of the law unholster your weapon, extend your other hand and say "STOP, I have a gun, Lay on the ground NOW!" if he advanced on you from that point, you would be in your rights to defend your life.
Great thing about this state, the DA has the duty to prove you were NOT in fear of your life...the state automaticly assumes your side of the story.
Hence why I am working so hard to get my CCW for this state, ********* like that BMW driver, who could very well have a weapon and could have caused a lot of problems. That said, as I pointed out before, I would have run his *** down right there in the street for coming at me like that.
09-12-2010, 09:19 PM
#154
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Join Date: Mar 2008
Location: San Leandro, CA
Posts: 3,856
Car Info: Forester XTi
That gets into some very grey area of CA law and I am not the one to ask on that.
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