How about this schenario, what would you have done?

[Python2]

You are walking down San Francisco one night with your wife, just finished a nice dinner and all of a sudden you are confronted by a knife wielding perp, on the move toward you so close enough that you had no choice but to draw your weapon and as you start aligning your weapon to target centermass while inserting trigger finger inside trigger guard, he saw the gun, drop his knife and raised his hand.

First, If I do not shoot. Could I be charged for brandishing a firearm?

Be charged for brandishing is what bothers me and the fact that since your focus while aligning your weapon is target centermass, you instinctively pull the trigger while he, unknowingly to you was in the process of dropping his knife.

[X-ffdo]

You should carry one of your inexpensive guns in San Fran in case they confiscate it.
If you are carrying, that will tilt the general public and media opinion against you because you are the one packing an "evil" gun! So why do you need to pack a gun?.....yara, yara, yara......You'll be in the papers next edition! Prejudged!

[Spicy McHaggis]

Originally Posted by Python2

You are walking down San Francisco one night with your wife, just finished a nice dinner and all of a sudden you are confronted by a knife wielding perp, on the move toward you so close enough that you had no choice but to draw your weapon and as you start aligning your weapon to target centermass while inserting trigger finger inside trigger guard, he saw the gun, drop his knife and raised his hand.

First, If I do not shoot. Could I be charged for brandishing a firearm?

Be charged for brandishing is what bothers me and the fact that since your focus while aligning your weapon is target centermass, you instinctively pull the trigger while he, unknowingly to you was in the process of dropping his knife.

I say you should have pulled the trigger sooner. (That was a joke, for the comedically challenged.)

Seriously, I have no idea how many different laws would be involved here and how long you could display your weapon. I would think that you would need to holster your weapon since there is no longer a deadly threat present. I would also say no on the brandishing since you were displaying it for self defense. But I am probably wrong. Especially since you say you were in SF. I'll leave this one up to the SME and lawyers here.

[joe]

Originally Posted by Python2

First, If I do not shoot. Could I be charged for brandishing a firearm?

417. (a) (2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:

I'd say no since you where not pointing it at him in a threatening manor (brandishing), but in a self defense situation. SF or not, you'd be fine. IMO

As far as for shooting the guy, as soon as the knife was dropped and arms where raised, the threat it over. If you shot him you would be facing charges of some kind of murder/manslaughter charge. But hey, I'm no expert either

[tdogg]

You will probably be in trouble for the concealed weapon if you didn't have a permit to cover you. Save that... you've done nothing wrong in the scenario.

Don't shoot an unarmed man unless he is about to make you go unconscious or will cause you GBI and you can articulate that he would have done so. You do not have to loose an eye, be knocked out, lose a limb ect. before shooting... you just better be able to articulate it as with all things in court.

As for holstering... only after the cops get there or he has run off and you reasonably feel there is no longer a threat. A man at your feet with a knife on the ground is a HELL of a threat.

Same scenario and I am thinking right... I put two or more center mass as soon as he is within 25 feet of me. All the while I am yelling to "Put down the knife," "Leave me alone," "I don't want a fight," etc. Why 25 feet? You ever try shooting at a charging man with a knife within 25 feet while holstered? Try it with a buddy using Simmunitions. You will find that it is a hell of a hard thing to do and then your buddy can testify to your training in court.

If he puts down the knife I keep the gun out at the low ready and order him to roll over prone, legs crossed, fingers interlaced behind his head. I'd call the cops on my cell phone and detain the criminal until the police come. I don't want to see that the same guy knifed some woman the next night and I didn't try to detain him for the authorities.

Just be sure to quickly ID yourself, be calm, be ready to follow the cops orders as you will also be considered a suspect until things get sorted out. I'd also be ready to go to the station to provide my side of things after my attorney arrived.

In todays political climate there are very few sure cases and I don't want to be saying the wrong things right after a traumatic event. People don't recall things perfectly right after an event... better to sleep on it before you give your statement. Atleast that's what the pysch's say to police shootings...

[BonoVox]

I am so biting my tongue wanting to respond to this scenario. I guess that is why we don't really get into scenarios. They are messy and this is a public forum.

[akulahawk]

Being that this is schenario and not a scenario... I'd say, whip out the Pocket Chuck (Norris) and let him go to town... Nobody would believe or admit to getting their butt kicked by a little toy sized dude...

If it's a scenario... I'd have to say... too many variables.

[newshooterinca]

Originally Posted by X-ffdo

You should carry one of your inexpensive guns in San Fran in case they confiscate it.

Does this actually happen? I'm in SF now and would have to have that happen, but from reading this and other forums, most street cops in SF are cool with CCW and pro-gun. They certainly don't reflect the views of the nutjob civilians who live there (if they did they wouldn't be cops).

[SierraNevadaCCW]

He's dropping the knife as you pull the trigger? That's gotta be like...a fraction of a second. What are you going to do with that fraction? You are human and you have your family and yourself to think about. You are the victim here...not the POS who drew the knife.

Who is going to debate when the knife went loose from the scum's hand? As the bullet was coming? After the bullet hit? Right when you drew?
How do you know you weren't seeing something you didn't consider because you were tunnel visioned on your sights?

Seems to me that prior to that fraction of a second was his choice to draw a knife on what he thought was an easy robbery or murder.

In that scenario...you are justified to shoot or not shoot.

We as law abiding citizens...family people...people who work for a living...people who take showers, people who were raised right by our parents...people with manners and familiarity with the concept of "love"...and empathy...have a hard time understanding these situations for what they are.

In this situation...you can't have your mind bogged down by, "what if's" or anything except for survival.

[Python2]

Originally Posted by SierraNevadaCCW

He's dropping the knife as you pull the trigger? That's gotta be like...a fraction of a second. What are you going to do with that fraction? You are human and you have your family and yourself to think about. You are the victim here...not the POS who drew the knife.

Who is going to debate when the knife went loose from the scum's hand? As the bullet was coming? After the bullet hit? Right when you drew?
How do you know you weren't seeing something you didn't consider because you were tunnel visioned on your sights?

Seems to me that prior to that fraction of a second was his choice to draw a knife on what he thought was an easy robbery or murder.

In that scenario...you are justified to shoot or not shoot.

We as law abiding citizens...family people...people who work for a living...people who take showers, people who were raised right by our parents...people with manners and familiarity with the concept of "love"...and empathy...have a hard time understanding these situations for what they are.

In this situation...you can't have your mind bogged down by, "what if's" or anything except for survival.

Setting aside my bad spelling, you understood what I am trying to say and I like your thoughts.
I really would like to try Greg's SimulatorTrailer one of this days and see my reaction time on a similar situation.

[jgraham7897]

Originally Posted by Python2

as you start aligning your weapon to target centermass while inserting trigger finger inside trigger guard, he saw the gun, drop his knife and raised his hand.

I would think that at this point he is raising his hands at about the same time my round is hitting him in the chest. I am not going to put my finger in the trigger guard unless I plan to pull the trigger. So for me, if I am at this point my gun is going BANG.

[X-ffdo]

Originally Posted by newshooterinca

Does this actually happen? I'm in SF now and would have to have that happen, but from reading this and other forums, most street cops in SF are cool with CCW and pro-gun. They certainly don't reflect the views of the nutjob civilians who live there (if they did they wouldn't be cops).

Your gun will end up in the possession of the authorities as material evidence in your case, as a part of the investigation that will follow the shooting incident. That is why your "working" gun should be, IMHO, more like a precision tool, simple, accurate and most of all reliable under most conditions, without braking the piggy bank. Noticed the word, "Tool". Otherwise, there goes your very expensive, custom accurized precious combat masterpiece! $$$$$.
Your piggy bank may vary!

[THaves]

All you really need to think about was is your life in danger, has he threatend you. He is within 25 feet so you should have shot him already. If you let him get any closer you run the risk of being slashed or stabbed and then you wife will be the next target.

Within 25 feet you just do not have the time to ask the BG to stop or you will shoot, in the time it takes you to say it he is on you and your dead.

Find yourself a blue gun or a plastic gun and ask a friend to come at you with a fake knife from pre set distance. Try to draw from concealed and see what happens. If you were alone I would tell you to make distance between you and the BG but the then you will leave the wife to handle the BG alone.....which saves you I suppose

[SierraNevadaCCW]

Originally Posted by THaves

All you really need to think about was is your life in danger, has he threatend you. He is within 25 feet so you should have shot him already. If you let him get any closer you run the risk of being slashed or stabbed and then you wife will be the next target.

Within 25 feet you just do not have the time to ask the BG to stop or you will shoot, in the time it takes you to say it he is on you and your dead.

Find yourself a blue gun or a plastic gun and ask a friend to come at you with a fake knife from pre set distance. Try to draw from concealed and see what happens. If you were alone I would tell you to make distance between you and the BG but the then you will leave the wife to handle the BG alone.....which saves you I suppose

Good point on the distance vs. draw thing.

I tried to kick a knife out of an attackers hand once and ended up with a stab wound in my left outer calf. Knives make me very nervous now. I don't screw around with knives. Someone pulls one out and they will get shot.

If you are unarmed and not a Krav Maga expert...I suggest running, or picking up a chair or other object to get between you and the attacker. NEVER try to fight someone for the knife or try to kick it away....

It feels just like it looks... the knife I got stabbed with was a 6" butterfly knife. It went all the way into my leg through my pants and out in a split second. The attacker didn't even know he got me until the bottom of my pant leg was soaked red in blood from the top of my wound upper calf to my shoe.

[Python2]

Originally Posted by SierraNevadaCCW

It feels just like it looks... the knife I got stabbed with was a 6" butterfly knife. It went all the way into my leg through my pants and out in a split second. .

Ouch! that darn butterfly knife (aka "balisong") is something else. I remember back in the Phillipines, I was out at the front of our house with some friends drinking cuatro cantos, heard a commotion in the squatter area, then saw my friend approach us holding his guts so it does not fall out of his cut up belly asking us to call a tricycle to take him to the hospital. Balisong was used, lucky him, he survived.