Tuesday, February 03, 2015

No, Really, Stop Doing That.

Whoever was this guy's CPL instructor needs a talking to for failing to get across the message about the appropriate use of deadly force. Also it may not be the instructors fault and this guy may just be an unteachable moron, but the instructor likely should have picked up on that as well.

The Detroit Free Press: Mirror bump leads to shooting, arrest in Erie Township

While media accounts can be 100% wrong, this account if taken at face value shows no indication whatsoever that displaying, much less repeatedly firing a firearm was even remotely appropriate.

Authorities said the 61-year-old Erie Township man got out of his vehicle and fired a pistol three times to "gain the attention" of another driver after their outside mirrors bumped Monday about 6:15 p.m.

The vehicles were headed in the opposite direction on Luna Pier Road, east of Bay Creek Road, in Erie Township, according to a news release from the Monroe County Sheriff's Office.

No one was injured, and the other vehicle, which was westbound on Luna Pier Road, was not hit by gunfire.

The man, who has a valid license to carry a concealed pistol, admitted to a Monroe County Sheriff's Office deputy that he had fired at the other vehicle.

"According to witnesses, just after the minor crash occurred, the subject immediately exited the driver side of his stopped vehicle, retrieved a pistol from his waist area, and then fired the pistol several times towards the opposing vehicle," the release said.

Again, and hopefully it sinks in for the idiots out there, you can use deadly force to protect yourself if, and only if, as codified in MCL 780.972 and elsewhere in the law:

(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.

(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.

If your situation does not fit into either a or b, do not display your firearm, do not draw your firearm, and do not fire your firearm.

This situation neither option applied. Here he didn't even achieve option (c).
(Oh, you noticed there wasn't a c? Good. You're way ahead of the moron who is featured in this story who somehow thought c equaled a minor fender-bender).

So now he's going to be facing a ton of charges, and this will be reported, as it's being reported already, as a CPL holder acting like a dangerous moron.

Again, if you're not reasonably experiencing the threat of imminent death, great bodily harm, or forcible sexual penetration Do not Display, Do not Draw, Do not Shoot, and Do not Pass Go or you're going to jail.

5 comments:

ProudHillbilly said...

Well. I think "brandishing" applies. Because there's no law for "seriously stupid and needs to be repeatedly smacked upside head."

ProudHillbilly said...

Well. I think "brandishing" applies. Because there's no law for "seriously stupid and needs to be repeatedly smacked upside head."

Old NFO said...

Agree with PH... sigh

JoeMama said...

Add another vote for "brandishing": Display or discharge of firearm for the purpose of intimidation. Firing it to "get their attention" qualifies under the circumstances.

Tam said...

He admitted firing AT the other vehicle. That's a whole world of legal hurt beyond any kind of "brandishing".