{"id":114141,"date":"2019-08-12T13:58:36","date_gmt":"2019-08-12T17:58:36","guid":{"rendered":"https:\/\/www.gunsamerica.com\/digest\/?p=114141"},"modified":"2019-08-12T13:58:36","modified_gmt":"2023-09-06T02:22:09","slug":"concealed-carry-against-a-mob-when-to-draw","status":"publish","type":"post","link":"https:\/\/gunsamerica.com\/digest\/concealed-carry-against-a-mob-when-to-draw\/","title":{"rendered":"Concealed Carry Against A Mob: When To Draw"},"content":{"rendered":"\n
\"Concealed<\/figure>\n\n\n\n

<\/p>\n\n\n\n

Editor\u2019s Note:\u00a0<\/strong>The following is a syndicated article by author Schuyler P. Robertson that first appeared in USCCA\u2019s Concealed Carry Magazine Volume 15, Issue 1, January 2018 under the title, \u201cAgainst A Mob.\u201d\u00a0<\/em><\/p>\n\n\n\n

As a firearms instructor, one of the most common questions I\nhear is, \u201cWhen can I use my gun and not go to jail?\u201d In light of recent riots\nand other mass violence, many people want to know when displaying or using a\nfirearm is legal when faced with a mob.<\/p>\n\n\n\n

The fact remains that deadly force is only legally justified\nwhen it is employed to stop an immediate and otherwise unavoidable threat of\ndeath or grave bodily harm to the innocent. What this means is that, before\ndeadly force can be legally applied, three conditions must be simultaneously\npresent: ability, opportunity and jeopardy. The attacker must have the physical\nability to cause death or serious injury, the attacker must have the\nopportunity to use that ability and the attacker\u2019s words or actions must\nindicate he intends to use that ability. This combination places the defender\nin imminent and unavoidable jeopardy.<\/p>\n\n\n\n

Deciding whether lethal force is justified is rather\nstraightforward when faced with an armed attacker or attackers, but what if the\nattackers are not armed? When can an armed citizen use deadly force against\nunarmed attackers? The condition of legal self-defense under which this falls\nis ability, specifically a concept known as \u201cdisparity of force.\u201d Simply put, a\ndisparity of force means that the attackers \u2014 even without weapons \u2014 had such\nan overwhelming amount of force available to them that the lawful defender was\nat risk of death or serious bodily injury.<\/p>\n\n\n\n

Case 1: Doctor Sweet<\/strong><\/h2>\n\n\n\n

On Sept. 8, 1925, a young doctor named Ossian Sweet moved\ninto a house in a respectable neighborhood in Detroit. Dr. Sweet was black and\nthe neighborhood he moved into was all white. There were several threats\nagainst Sweet and his family and, despite police standing guard at his home,\ncrowds gathered at night to protest. Sweet did the prudent thing and exercised\nhis 2nd<\/sup> Amendment rights by inviting several friends over and\nproviding them with firearms to help him guard his family.<\/p>\n\n\n\n

On the second night, a mob gathered at his house. Rocks were\nthrown at the residence, breaking a window, and several members of the mob\nrushed the house. The defenders opened fire, wounding one man and killing\nanother. Sweet and his friends were held and tried for murder, and legendary\nattorney Clarence Darrow defended them. The first trial ended in a mistrial;\nthe second in an acquittal. <\/p>\n\n\n\n

This case is important because it is cited in the book Warren:\nOn Homicide<\/em>, which is the definitive book on homicide law in the United\nStates. A critical legal concept for self-defense in Warren<\/em> is, \u201cWhere\nseveral are apparently preparing to join in an attack on defendant, his right\nof self-defense extends to each participant.\u201d1<\/sup><\/strong> The concept\nwas set as a precedent in State (WV) v. Foley<\/em>. <\/p>\n\n\n\n

What this means for the law-abiding armed citizen is that,\nwhen faced with a violent mob whose words or actions indicate the participants\nintend on doing violence, each member of the mob shares the responsibility of\nthe entirety of the mob and is equally and individually fair game for the\ndefensive actions of the innocent defender. One important caveat in Warren<\/em>\nis that, after the mob is whittled down to one member, any disparity of force\ncaused by the number of attackers is gone.<\/p>\n\n\n\n

If an armed citizen uses a firearm to defend himself against\nan unarmed mob, no matter how many participants there are, no matter what\nthreats the mob makes or how many fires they\u2019re setting, an overzealous lawyer\nis going to make the argument that, \u201cThis maniac used a gun on unarmed people.\nIf they were unarmed, what threat were they against someone with a gun?\u201d The\nfollowing case will illustrate exactly what threat multiple unarmed attackers\ncan be against a trained person with a gun.<\/p>\n\n\n\n

Case 2: Darrell Lunsford<\/strong><\/h2>\n\n\n\n

In 1991, Nacogdoches County, Texas, Police Constable Darrell\nLunsford initiated a traffic stop on a suspicious vehicle. Constable Lunsford\npulled the driver of the car out to speak to him, and, despite being told to\nstay in the car, one of the other two occupants exited the vehicle. Without\nwarning, the second occupant attacked Lunsford. The third occupant got out of\nthe car and joined the attack. Within five seconds of the initial attack,\nLunsford was on the ground and immobile. Nine seconds later, one of the\nsuspects took Lunsford\u2019s pistol from his holster and shot him in the neck,\nkilling him instantly. <\/p>\n\n\n\n

Lunsford was considerably larger than his attackers. He was\nwell-trained in unarmed arrest control. One on one, he was more than a match\nfor any them. Two on one, the outcome of the fight could go either way. Three\non one, he had no chance. <\/p>\n\n\n\n

The lesson here for the armed citizen is that even though\nyour attackers might not be armed, if you are armed and become unable to defend\nyourself, there is a very real chance your attackers will find your gun, take\nit away from you and murder you with it.<\/p>\n\n\n\n

According to the FBI Uniform Crime Report<\/a>, between 2011 and 2015, 7.9 percent of police officers killed in the line of duty were slain with their own firearms. These were men and women who were trained in unarmed combat and weapons retention. One can argue that the risk to private citizens is even higher.<\/p>\n\n\n\n

One aspect of riots that isn\u2019t new but has recently made\nheadlines is a group of protesters blocking traffic. I\u2019ve been asked many times\nif deadly force is justified in such a situation, and the next cases are the\nones I usually bring up.<\/p>\n\n\n\n

Cases 3 and 4: Reginald Denny and the Abortion Clinic\nProtest<\/strong><\/h2>\n\n\n\n

In 1992, Reginald Denny was a construction truck driver who\nsuddenly found himself in the middle of the Los Angeles Riots. He was pulled\nfrom his vehicle and savagely beaten, resulting in years of rehabilitative\ntherapy. After being released from prison, one of his attackers said he and the\nothers never intentionally targeted Denny; they just got caught up in the\nmoment. <\/p>\n\n\n\n

Mob mentality is well-documented. In short, people in riots\nwill do things they wouldn\u2019t normally do. A riot is a very dangerous organism,\nand even people who plan on peacefully protesting can suddenly become threats\nor can block your escape if other protesters become threats.<\/p>\n\n\n\n

That was the case when an activist group was protesting outside a Sacramento abortion clinic. Several protesters decided to lie on the ground in front of an SUV arriving at the clinic, which, by itself, is not a threat meriting a deadly force response. However, other protesters surrounded the SUV and began pounding on the windows. The driver felt threatened enough to drive over the protesters lying in front of him. <\/p>\n\n\n\n

The protesters on the ground were passive; by themselves,\nthey presented no threat. However, remember what Warren<\/em> says about mobs.\nWhen the other protesters put the driver in fear for his life, the passive\nprotesters were equally and individually lawful targets of the driver\u2019s\ndefensive actions. The driver was not charged, and, fortunately, no one was\nseriously injured.<\/p>\n\n\n\n

Protests are, by their nature, potentially dangerous, and\nthe prudent course of action is to avoid them. If you do inadvertently find\nyourself in the middle of a protest or riot, treat it like a wild animal\npreserve: Stay in your car and keep moving, even if you are only moving at a\nslow crawl. Be aware of your escape routes and get out of the area as soon as\npossible.<\/p>\n\n\n\n

Case 5: Michael Strickland<\/strong><\/h2>\n\n\n\n

Michael Strickland was a conservative blogger who, while\nfilming a protest in 2015, was beaten. His cameras were stolen and he was\nhospitalized with his arm broken in three places. <\/p>\n\n\n\n

In July 2016, he was filming another protest in Portland,\nOregon. Several members of the crowd became hostile, surrounding Strickland and\nyelling at him. Feeling threatened, Strickland drew his pistol, scanned for\nthreats and backed up. The crowd backed off; Strickland reholstered and left\nthe scene.<\/p>\n\n\n\n

Strickland was arrested and found guilty of 10 counts of\nunlawful use of a weapon, 10 counts of menacing and one count of second-degree\ndisorderly conduct. At the time of this writing, he has not been sentenced.<\/p>\n\n\n\n

In looking at the facts of the case as dispassionately as I\ncan, I identified three things Strickland did that hurt his self-defense claim.\nTwo of the things Strickland did were what I call \u201ctactically sound legal\nsuicide.\u201d<\/p>\n\n\n\n

The first thing? Anticipating a possibly violent crowd, he\nhad an extended magazine in his Glock and possessed five spare standard\nmagazines. The prosecution made a very big deal about Strickland carrying more\nthan twice the ammunition some police officers typically carry. <\/p>\n\n\n\n

In the American legal system, the concept of \u201cmutual combat\u201d\nvoids the claim of self-defense: Knowing of the extra risk of attending this\nprotest, Strickland took extra ammunition with him. While not as bad as\nagreeing to an outright duel, he knowingly went to a location where he\nanticipated the need to use his gun.<\/p>\n\n\n\n

While taking extra ammunition was a tactically smart thing\nto do, it damaged his self-defense claim. Remember: Deadly force is only\nlegally justified when it is employed to stop an immediate and otherwise\nunavoidable danger of death or grave bodily harm to the innocent. By going\nsomewhere he thought the need to use a gun was likely, Strickland eroded his\nclaim as an innocent party and that the danger was unavoidable.<\/p>\n\n\n\n

The second act of \u201ctactically smart legal suicide\u201d was to\nscan for threats with his gun at high-ready, or with the gun just below eye\nlevel. I was taught to do this as a deputy sheriff, in the Army and as an\noverseas contractor, and many firearms instructors teach their students to do\nthe same. <\/p>\n\n\n\n

The problem with this technique is that, when the gun is at\nhigh-ready as you scan, you can end up pointing your gun at people who are not\nthreats. Strickland was convicted of menacing for pointing his gun not at the\npeople threatening him but at bystanders who were trying to see what was going\non. A more legally defensible option is to scan at low-ready, with the gun\npointed at the ground. Yes, your reaction time to respond to a threat will be\nslower, but it sounds better on the witness stand. <\/p>\n\n\n\n

The third thing that hurt his case was, after he was in a\nsafe location, he didn\u2019t call 911. The first person who calls 911 is assumed to\nbe the victim; the other party is automatically listed as the suspect. Equally\nimportantly, if two people call 911 on each other, it should give the cops a\nclue that there is more going on than what just one of the parties says. The\nprosecutor made a big deal out of Strickland not calling 911. <\/p>\n\n\n\n

AVOID, EVADE, PREVAIL<\/strong><\/h2>\n\n\n\n

In any violent encounter, but especially against an agitated\nmob, there is no winning, just degrees of losing. By knowing the applicable\nlaws and making sure your training dovetails with those laws, you have a better\nchance of not only surviving the streets but surviving the courtroom. As with\nany use of deadly force, though, nothing beats avoiding it in the first place,\nso be certain that remains in the forefront of your consciousness as a\nresponsibly armed American.<\/p>\n\n\n\n

ENDNOTES<\/strong><\/p>\n\n\n\n

(1) <\/strong>Warren on Homicide, Vol. 1, p. 642.<\/em><\/p>\n\n\n\n

Discover how you can join nearly 300,000 responsibly armed Americans who already rely on the USCCA to protect their families, futures and freedoms: USCCA.com\/gunsamerica<\/a>.<\/em><\/p>\n\n\n\n

***Buy and Sell on GunsAmerica!<\/a>***<\/h2>\n","protected":false},"excerpt":{"rendered":"

In light of recent riots and other mass violence, many people want to know when displaying or using a firearm is legal when faced with a mob.<\/p>\n","protected":false},"author":1,"featured_media":114142,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_specdata_upc":"","_specdata_placement":"","footnotes":""},"categories":[234,340],"tags":[132,586,127,961],"featured":[],"hunt365":[],"class_list":{"0":"post-114141","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-columns","8":"category-columns-ccw-edc","9":"tag-buzz","10":"tag-column","11":"tag-concealed-carry","12":"tag-uscca"},"yoast_head":"\nConcealed Carry Against A Mob: When To Draw<\/title>\n<meta name=\"description\" content=\"In light of recent riots and other mass violence, many people want to know when displaying or using a firearm is legal when faced with a mob.\" \/>\n<meta name=\"robots\" content=\"index, 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