Info If You Pull/Brandish a Weapon in Self-Defense but DON'T Fire...

[Arnox]

Getting this from this article specifically, you know that if you're carrying a gun or concealed-carrying any weapon, you can only pull it and use it if there is a clear, expressible, imminent danger to you or someone else's liberty (kidnapping/rape) or life. Ok, but what if you pull or are just about to pull your firearm, but the very act of doing so removes the threat? As in, the person threatening you is now running away? Do you let it go? Call the police? What?

Well, you always need to call the police in such situations, but the very first thing you need to do is get to a secure location of some sort. Somewhere like a store or restaurant or something. Next, you call your attorney and explain what happened. If you don't have one, you need to get one. This is why people who are concealed-carrying should have some form of concealed-carry insurance at all times.

For legal purposes, no, I am not a lawyer at all. Just repeating what I've read on the internet.

 

[Houseman]

For emphasis, the point is that if you pull it and don't immediately fire, it can be argued in court that what you did is NOT self-defense, and you can get in serious trouble.

So that can mean hesitating, loading, or even taking time to cock the hammer if present, can lead to a prosecutor or officer claiming that what you did was premeditated or that you had time to run away, and that your life was not in immediate danger.

 

[Arnox]

For emphasis, the point is that if you pull it and don't immediately fire, it can be argued in court that what you did is NOT self-defense, and you can get in serious trouble.

So that can mean hesitating, loading, or even taking time to cock the hammer if present, can lead to a prosecutor or officer claiming that what you did was premeditated or that you had time to run away, and that your life was not in immediate danger.

If you can prove there was immediate danger just before you pulled, it shouldn't matter as you would technically be justified in taking the attacker's life. If they run away when you pull and you still fire though then that could theoretically be way worse for you since it could easily be argued that the person was no longer a threat but you still fired.

Regardless, say you did pull but didn't fire since the assailant ran away and then a prosecutor charges you for brandishing. As long as you can prove you legitimately feared for your life, then the prosecutor's argument is invalid as if you did fire, they could instead charge you for murder. So what does the prosecutor prefer you do? Brandishing or murder?