I can tell you if i would'nt have been able to get the last step in I would have been hit by the van. But that is a mute point because I was able to and for me at that time doing such was the correct response. Really my only avalible response.
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In that set of circumstances a firearm would have made NO difference, handicapped or not, the person would have been hit by the van. If you were one step away from getting hit, the time it took you to draw would have cancelled that one step and you wouldn't be posting this question at all.
If, on the other hand, the van swerved through the parking lot to try and hit you then you may have had a valid case for self defense.
No. It would have to be an extreme dire situation. To me, this doesn't quite fit the case.The other day I was walking into the Lowes hardware store. As I was walking across the the drive between the parking spots and the front of the store there was a van sitting there running. As I got into the middle of the drive a man came running out of the store and dove into the passenger side back of van yelling at the driver to GO GO GO MOTHER BLEEPER GO.
I knew what was going on right away. But I hadn't relized where I was standing. The driver started yelling at the guy that jumped in saying," he wasnt going to go to jail" but then punched the gas with me standing about 20 ft infront of the van. i was able to get out of the way but only because I took a couple giant steps to get out of the way.
Now with that story told. the way I am thinking is. i was able to take the giant steps to get out of the way but barely. So one could say sence I was able to get out of the way that drawing the firearm would have been a no no.
An argument could also been made that they were comitting a crime and running me over with a van in that crime makes the van a deadly weapon and drawing would have been an adequate responce.
And so you know i am still waiting on my permit and was not in possesion of a firearm. This has just been in my head every since it happened.
Did I feel my life was in danger yes until I got that last step out of the way. What if I wasnt able to take those steps. Say I was an elderly man with a permit to have a firearm and couldnt have taken those steps.
After talking to the lady at the counter I found out I was almost ran over so the guy could steal 2 cordless drills.
And most attorneys are masters of finding that one little piece of testimony to use against you...I guess I understand it clearly. So lets break it down. A vehicle coming at you w/ no other course of action MIGHT justify drawing, but you have to prove that to a jury and that will be difficult. Under your set of circumstances it wouldn't be hard for a lawyer to get what YOU heard dismissed as hearsay because you cannot prove that they actually said what you heard.
So, you are in the grey area.
Regardless of the grey area ANY amount of mobility in an attempt to get out of the way is the wise choice because no bullet is going to keep that vehicle from hitting you so why take the extra time to draw instead of using that as a last ditch effort to get yourself out of the way, or at least low and between the wheel base?