I was on Facebook today, as usual, and came across a post where a law enforcement officer was being prosecuted for manslaughter because he chose to shoot an advancing perp who the officer felt would overcome him in a fight. He had warned the individual he would shoot, but the man kept advancing. Although there was no indication he was currently armed, he had thrown a handgun on the ground seconds earlier although it was currently out of reach. As a former firearms instructor, attorney, and writer in this area – it is my longtime opinion that if someone is coming at you where they know you are armed with a firearm and ready to use it — the only possible theory of their intent is that they intend to engage you, obtain the firearm, and then use it on you. If they are currently engaged in criminal activity and you are there trying to stop it — then their actions are also logically “in furtherance” of the original crimes. I am a firm believer in the need for using deadly force if this ever happens. If you wait to see if the object of the perps attack is to not only disarm you, but also use it on you — you will be dead. If you wait to see if you or he will win in a hand-to-hand — you will be dead. And quite frankly, if your local law enforcement Sheriff or Chief of Police — and Chief Prosecutor — don’t agree with my statement, and make arrests or prosecute in these situations — they need to be voted out or replaced! This second guessing of law enforcement professionals, and ordinary folks caught in the middle of trying to stop a criminal — is anathema to the oath they have sworn — “To Serve and Protect”.
However, just a note of caution. This is only my opinion, and I also live in Florida, a State that has some very anti-gun law enforcement, and some very pro-gun law enforcement. If you live in the anti-gun jurisdictions — arrest and prosecution is a real reality in such a situation. If that happens, I hope you have a great Self Defense Legal Plan, and a great lawyer — you’ll need both!
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