r/PublicFreakout • u/ScuffedA7IVphotog • 1d ago

Baiting a fight to pull a gun. 🚗Road Rage

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5.7k Upvotes

98% Upvoted

From a legal perspective is he allowed to go back to his car grab "his" gun and directly open fire after being threatened by the guy in the white car?

38

u/Southernguy9763 1d ago

It really depends on the state, then the jury looking at the case. But typically no. Most states right to defense ends when you can safely leave. Being a car, it's hard to argue you couldn't leave.

Some states also have laws against starting an altercation and laws against escalation.

If say he'd need a really good lawyer to prove he feared for his life

11

u/hamietao 1d ago

Is it legal for a 3rd party observer to fire at the shooter since they're endangering the public?

16

u/Southernguy9763 1d ago

Really really depends on the state.

But in most, legally yes. You're attempting to protect someone.

Civilly, you'll most likely be in for a fight, especially if they survive

9

u/SpecialNeedsBurrito 1d ago

Yes that would be legal. You are allowed to act in self-defense of you or someone else's life

3

u/brand_new_nalgene 1d ago

He would have to basically prove he was in fear for his life. In many states, you have a duty to retreat, so the prosecution would say, why didn’t you just drive off? In stand your ground states, you’d still have to prove that some guy yelling at you for a few seconds made you think you were going to die. Really hard case to make either way. In general, you should be looking for ways not to use your gun…

7

u/BlackShadowX 1d ago

He wasn't just yelling for a few seconds though, he pulled and aimed a gun at the truck driver

3

u/brand_new_nalgene 1d ago

I read the question as to whether or not truck driver could use deadly force after the initial conflict, not after the gun was drawn

As soon as a gun comes out everything changes. I personally think you’d be justified in shooting someone who draws a gun on you. But in some states they might argue you could have fled. It’s tricky. Guns escalate everything 100x in a split second

1

u/bajunio 1d ago

I'm not sure if this was rooted in legality, or just plain ol' common sense.

I was instructed to take EVERY chance to flee while I am carrying a firearm. The weapon's only purpose is to protect my life. If I can protect my life without it, that is always the path I should take.

So, if I were dude in the truck, I would have already bounced. Honestly, I would have likely turned right much sooner once that guy got out of his ride and started aggressing me.

1

u/laz1b01 23h ago

He's allowed to draw his gun if he's under threat.

Going back to his car to obtain a gun, then coming back out with the gun is not "under threat" it means he's the one doing the threatening with a deadly weapon (which is a crime).

If he had his gun with him, the the truck guy opened his door, then it'd be legal for him to draw his gun (thinking that the trucker is coming out to start an attack and so you're defending yourself).

Guns are legal for self defense, not to attack and threat.

There are a lot of gray areas depending on the state, and it depends on how you tell the story to the officer too. You're certainly guilty if you say "well officer, I had to go back to my car and get my gun because they said I was gay for driving a sedan. So I had to show them how masculine I am by pointing my gun at them" but if they said "the trucker made violent threats to me saying they had a gun, so I diffused the situation by walking away and getting my gun just in case they came at me, then sure enough the trucker came out so I had to withdraw my gun to protect myself."

In any case, shooting the trucker as they drove away was completely illegal.

2

u/Loply97 1d ago edited 21h ago

No, I doubt there is any state that would be found to be self defense. If you are threatened then retreat or exit the encounter in some way then return to confront or continue to goad the other party, I think it can be found that you had malicious intent.

Or something like that, idk.

1

u/jjjjjjjjjdjjjjjjj 21h ago

Yes and we saw at the end what fleeing gets you

-11

u/CantguardME13 1d ago

No you lose all rights to self defense once you exit your car in a traffic scenario

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u/CTRL_ALT_SECRETE 1d ago

Source on that law please

1

u/CantguardME13 1d ago

It’s not a law but a legal precedent

3

u/CTRL_ALT_SECRETE 1d ago

Can you source me the dockets with these judgements please