I want to be sick

[WKC]

Here is what I found through my research. To violate PC 245, a felonious assault, the aggressor does not have to use an object as a weapon. It is the degree of violence and the likelihood of the assault to produce great bodily injury that is the heart of the offense. People v. Kimmrle, 90 C.A. 186 Conviction was sustained where the means used were the hands and knees.

The fact that the victim did not sustain serious injuries does not help the suspect. It is fairly clear that the manner in which the victim was assaulted is likely to product great bodily injury. The fact that the victim did not means he was lucky or the suspect was incompetent. But that is irrelevant.

[gmcem50]

Originally Posted by IAmASensFan

Anyone who would stand around and let this go on without intervening...well...I wouldn't have any respect for them. The bystanders in the video disgusted me, and obviously disgusted Thaves.

Since I believe I have a higher judge to answer to than the Courts of California, I'll do what is right, and deal with the consequences later.

Well said, Sens. I couldn't agree more. For those who want to argue the minutia of the law and side with the spineless bystanders (only spineless at best; guilty more likely), think about how you would be arguing if that was your grandpa and the thug had beat him to death. I suspect that somehow this lofty respect for the law would fly right out the window.

[BonoVox]

Well best case scenario for you all wanting to draw and cap the guy doing the beating. You get off with no criminal charges filed and then waste $50,000 defending yourself from the dirtbags family who sues you! That is only $50,000 if you win the resulting suit that might be held in a courtroom in the dirtbags neighborhood. Oh not too mention you and your family walk around with a big target on your back from relatives wanting revenge. See the guy in Ohio who recently had a justifiable shoot as an example.

Worst case scenario is you get capped by one of his buddies, you hit an innocent bystander with an errant shot, or the situation is not what it appears, you go to jail and lose all your assets to the dirtbag's family.

My number one priority is the lives of my family and myself. Number two prioity, if I am alone, coming back alive to my family because I am the provider for them.

To me the S comes off my shirt when I strap on my CCW.

[IAmASensFan]

Originally Posted by BonoVox

To me the S comes off my shirt when I strap on my CCW.

First of all, I'm not talking about drawing and capping anyone.

I'm talking about doing what is right.

Your comment above has a sanctimonious tone to it. We aren't talking about hero's and stuff, we are talking about taking the tail out from between our legs and doing the right thing.

I realize that may be hard to comprehend for some people, but there are still people in this world who do have a genuine interest in their fellow man.

I'll re-iterate, in a case that is as clear cut as this, the guy is taking the full force of my weight to his lower back. Plain and simple.

If you folks are so terrified of the conseqences of your actions, please, return your CCW's now!!!

In the time it will take for you to hyper-analyze the situation, and evaluate your X and Y coordinates, you will be dead, and another gun will be on the streets in the hands of the BG's.

And while you are at it, please, don't tell me you have a CCW...I will mistakenly believe that you are telling me this because you want me to realize that "One of the good guys" is around. I would hate to have to pry the gun from your trembling fingers to protect YOUR family.

There are members here who were, or had family, in the position of that old guy. Why don't you ask them what THEY think about your comments?

[IAmASensFan]

Originally Posted by VanLogan

Here is another thing to think about...

Lets say you intervene in the oldman beating.

You are kicking the crap out of the assailant like the good hero citizen you are.

Now I happen along. What do I see? ~VL

I wouldn't worry, because you already stated you'll pull up a chair and watch rather than intervene.

[CalCCW03]

Gentlemen, this thread is going downhill fast. I will give it a chance to recover, if it doesn't recover it will be locked. Thanks.

[Sigman]

Most likely if you held up your cell phone and said the cops are on the way the guy would have ran or drove off. Then you wouldn't have to worry about drawing your gun or shooting the guy.

[Al Dubltap]

Originally Posted by IAmASensFan

First of all, I'm not talking about drawing and capping anyone.

I'm talking about doing what is right.

Your comment above has a sanctimonious tone to it. We aren't talking about hero's and stuff, we are talking about taking the tail out from between our legs and doing the right thing.

I realize that may be hard to comprehend for some people, but there are still people in this world who do have a genuine interest in their fellow man.

I'll re-iterate, in a case that is as clear cut as this, the guy is taking the full force of my weight to his lower back. Plain and simple.

If you folks are so terrified of the conseqences of your actions, please, return your CCW's now!!!

In the time it will take for you to hyper-analyze the situation, and evaluate your X and Y coordinates, you will be dead, and another gun will be on the streets in the hands of the BG's.

And while you are at it, please, don't tell me you have a CCW...I will mistakenly believe that you are telling me this because you want me to realize that "One of the good guys" is around. I would hate to have to pry the gun from your trembling fingers to protect YOUR family.

There are members here who were, or had family, in the position of that old guy. Why don't you ask them what THEY think about your comments?

Beautifully stated! Right on!!

[BonoVox]

Originally Posted by IAmASensFan

First of all, I'm not talking about drawing and capping anyone.

I'm talking about doing what is right.

Your comment above has a sanctimonious tone to it. We aren't talking about hero's and stuff, we are talking about taking the tail out from between our legs and doing the right thing.

I realize that may be hard to comprehend for some people, but there are still people in this world who do have a genuine interest in their fellow man.

I'll re-iterate, in a case that is as clear cut as this, the guy is taking the full force of my weight to his lower back. Plain and simple.

If you folks are so terrified of the conseqences of your actions, please, return your CCW's now!!!

In the time it will take for you to hyper-analyze the situation, and evaluate your X and Y coordinates, you will be dead, and another gun will be on the streets in the hands of the BG's.

And while you are at it, please, don't tell me you have a CCW...I will mistakenly believe that you are telling me this because you want me to realize that "One of the good guys" is around. I would hate to have to pry the gun from your trembling fingers to protect YOUR family.

There are members here who were, or had family, in the position of that old guy. Why don't you ask them what THEY think about your comments?

My point is you have your CCW. You see an old man being beaten. You are going to run over there and get physical with the guy? With your CCW on your hip?

So he gets the gun from you during the physical conflict and shoots you and the old man. That story sounds a lot worse than what ended up happening. Bad guy going to jail, old man bruised but not dead, or even with any broken bones.

Or you just draw and use your best police voice tell the hopped up dirt bag to stop. He is unarmed and starts walking towards you, not believing you will shoot. At this point I think you are feeling like you are standing naked at home plate of a MLB baseball game. What do you do???

People with a CCW need to think differently than those that don't. You just might make a situation a whole lot worse by adding a gun to the mix.

You know what? Every situation is different. I know before I started the process to get my CCW I had a different mind set than I do now. From CCW class, to talking with other people with CCWs, to reading forums that specialize in tactics and scenarios, I have changed my mindset. You can go through these scenarios all day long and people are going to bring something to your attention you never in your life would have thought of.

So I am going to go into ever scenario or start everyday saying to myself I am not getting involved if I have my CCW on my hip. Now depending on the situation as it unfolds, that very well might change.

But to start everyday and ever situation thinking you WILL get involved. I just think that is the wrong mindset if you have a CCW on your hip.

[VanLogan]

Originally Posted by IAmASensFan

If you folks are so terrified of the conseqences of your actions, please, return your CCW's now!!!

If more people take your gunslinging hero approach, then we will all end up losing our privledges to carry. Fighting a violent assailant while you are carrying a gun? What's is wrong with you...? Unless you are a cop that is the "wrong" thing to do.

They teach you in the ccw training class what is the "right" thing to do. Were you not paying attention or did I miss the hero chapter.

Take off your cape or join the PD.

[CalCCW03]

OK guys, I hate to do this but the tone of the thread continued to deteriorate so I am closing it. Bottom line, there are differing opinions on what someone will do in a given situation; and really you won't know for sure until you are in that situation. If you guys want to continue discussing it please take it to PM. Thank you