Pro-tip: a gun isn’t a magic talisman. A Texas man learned that the hard way when he pulled his pistol while fighting with another man in an apartment complex parking lot. Instead of retreating to safety, the armed man drew his gun while advancing on his unarmed opponent. He apparently thought the gun would give him the protection he needed to administer a beatdown on the other man.
He thought wrong.
As residents watched and videoed the confrontation from above (while on the phone to 9-1-1), the younger, unarmed man took the gun away from the rather portly older gentleman. Whoops.
To his credit, the younger man showed great restraint and didn’t even point the gun at the man who only moments before threatened him with deadly force. Instead, he picked up his hat and walked away.
No doubt the police have seen the video. If the man who produced the gun wasn’t arrested, it would be a miracle. If you instigate or escalate a confrontation, it makes any subsequent claim of self-defense very difficult to prove. Videos like this one will not endear cops, prosecutors, or jury members to your case.
Those who oppose gun rights aren’t going to like what they see in a video like this. Those who exercise and defend their gun rights will watch this video and have doubts about any self-defense claims made by the guy who pulled the gun. After all, if it was self-defense, why didn’t he try to retreat or run away after brandishing the gun.
Absent something highly compelling that’s not seen in the video, the guy who pulled the gun looks to have committed one or more felonies.
The bottom line here: Generally speaking, unless there’s a great disparity of force, you can’t legitimately produce a firearm against an unarmed adversary who isn’t in the process of attacking you. The law will cut you some slack if you’re elderly, handicapped, or of slight build against a big, burly monster.
An attacker trying to use your head as a hammer against a hard surface (as in the George Zimmerman/Trayvon Martin incident) can be a legitimate reason to use deadly force. That would also be the case if an attacker is trying to use your melon as a soccer ball.
But to draw a gun during a fistfight as you advance toward your opponent doesn’t pass the self-defense smell test.
I’m reluctant to label this guy the “Irresponsible Gun Owner of the Day” not knowing all of the facts, but from what’s depicted in the video, his actions don’t meet the “Any Damned Fool” standard for reasonable and prudent behavior.
