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2013-09-30 12:17 PM

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Subject: What would you do?

Not that this kind of stuff happens in America, but here's an interesting scenario to ponder.

You're in your SUV with your wife and small child.  A large group of motorcyclists are swarming around you on the interstate and you accidentally bump one of them or vis-versa.  You stop due to the accident and they all swarm around and start attacking your vehicle.

What can you legally do or not do?

Would you want to be armed or would you just let them do what they wanted to you and your family until the police get there?

Oh wait, this did happen in America.  Happened on Sunday in NYC.

http://www.youtube.com/watch?v=5ukdkgLYYbw

SEE IT: Pack of motorcyclists chase driver, his wife and child in SUV, attack him in upper Manhattan after fender bender on West Side Highway



2013-09-30 12:32 PM
in reply to: tuwood

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Subject: RE: What would you do?
Originally posted by tuwood

Not that this kind of stuff happens in America, but here's an interesting scenario to ponder.

You're in your SUV with your wife and small child.  A large group of motorcyclists are swarming around you on the interstate and you accidentally bump one of them or vis-versa.  You stop due to the accident and they all swarm around and start attacking your vehicle.

What can you legally do or not do?

Would you want to be armed or would you just let them do what they wanted to you and your family until the police get there?

Oh wait, this did happen in America.  Happened on Sunday in NYC.

http://www.youtube.com/watch?v=5ukdkgLYYbw

SEE IT: Pack of motorcyclists chase driver, his wife and child in SUV, attack him in upper Manhattan after fender bender on West Side Highway

I look forward to the day when cell phones are more common so law enforcement can be contacted to help head off incidents like this.  In the meantime, I carry an XD(M) and 3 full mags.  57rds would have helped here.  Ha.. it answer the question, "why does anyone need more than 10rds?"

2013-09-30 1:27 PM
in reply to: Pector55

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Subject: RE: What would you do?
I'd have shot the first guy who broke my window out.....and anyone else who tried to break their way in....no problem.
2013-09-30 1:33 PM
in reply to: Pector55

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Subject: RE: What would you do?
Originally posted by Pector55
Originally posted by tuwood

Not that this kind of stuff happens in America, but here's an interesting scenario to ponder.

You're in your SUV with your wife and small child.  A large group of motorcyclists are swarming around you on the interstate and you accidentally bump one of them or vis-versa.  You stop due to the accident and they all swarm around and start attacking your vehicle.

What can you legally do or not do?

Would you want to be armed or would you just let them do what they wanted to you and your family until the police get there?

Oh wait, this did happen in America.  Happened on Sunday in NYC.

http://www.youtube.com/watch?v=5ukdkgLYYbw

SEE IT: Pack of motorcyclists chase driver, his wife and child in SUV, attack him in upper Manhattan after fender bender on West Side Highway

I look forward to the day when cell phones are more common so law enforcement can be contacted to help head off incidents like this.  In the meantime, I carry an XD(M) and 3 full mags.  57rds would have helped here.  Ha.. it answer the question, "why does anyone need more than 10rds?"

And then you'd promptly get arrested for illegally carrying a firearm... since, 'ya know, no law abiding citizen needs a firearm according to the great state of NY.

2013-09-30 1:46 PM
in reply to: Left Brain

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Subject: RE: What would you do?
Not that it really matters, as I'd do whatever I would need to do to protect my family, but what does the law say about that LB?  If someone busts in your window, what can you do?  When you say you'd shoot the first one, would you aim to kill or disable?
2013-09-30 1:56 PM
in reply to: switch

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Subject: RE: What would you do?

Originally posted by switch Not that it really matters, as I'd do whatever I would need to do to protect my family, but what does the law say about that LB?  If someone busts in your window, what can you do?  When you say you'd shoot the first one, would you aim to kill or disable?

I've never been trained to try and "shoot to disable" so I'm likely going to kill him....along with the next person who tries to get inside that vehicle to hurt me or my family.  We all have a right to defend ourselves and our family.  If you fear for your life/safety or that of your family, you are justified to use force to protect yourself. You will be judged on the amount of force you use.  Once multiple people start attacking my car and breaking the windows out to get at us.....someone is going to get shot.



2013-09-30 2:27 PM
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Subject: RE: What would you do?

Originally posted by switch Not that it really matters, as I'd do whatever I would need to do to protect my family, but what does the law say about that LB?  If someone busts in your window, what can you do?  When you say you'd shoot the first one, would you aim to kill or disable?

Many states consider your vehicle to be the same as your home. Just as you can shoot a home intruder, you are legally able to shoot a vehicle intruder.

But this case would come down to did the driver of the SUV have a reasonable fear of grave danger to himself or his family. Anyone who watches the video would most likely agree he was in grave danger. News reports I have found say after the video cut off they got him out of the car and starting beating and cutting him. 

I don't like to get all internet tough guy, but there is a gun in my console for just such a thing. Probably a .001% chance I will ever need it, but it is there if I do. 

At first I couldn't figure out why in the heck he would get off the freeway, but I later read that apparently they had slashed his tires in one of the earlier encounters so he wasn't able to maintain speed. But yeah I'd have no problem, ramming, running over or shooting someone who was smashing in my window or trying to rip me out of my car. 

These idiot bike gangs can cause some serious problems, they roam around looking for trouble.

 

ETA: Forgot to add. I attended an inquest where my uncle was the attorney for a cop who shot and killed someone who was high on meth and shooting at civilians and the officers on scene. I had lunch with the officer and asked him if he thought just disabling the guy was a viable option. He said there is no way in that situation to "take out a knee" or something, both parties are fighting for their lives. Later at the gun range I realized that anything over 15 yards it can be hard to put a shot right where you want it at the indoor range. In an outdoor, nighttime real life shooting situation center mass is the best you can do or hope for. Same thing was taught at my CWP class, center mass, no fancy shootin tex. 



Edited by Aarondb4 2013-09-30 2:32 PM
2013-09-30 2:33 PM
in reply to: Aarondb4

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Subject: RE: What would you do?
Thanks Aaron I was wondering the same thing myself of why did he get off the highway.

if he turned the vehicle into 1 or 2 of them I wonder if they would stopped chasing him.

If NYC let you carry guns would the driver even be alive today? Instead of breaking the window would they just shot him, his wife and kid?
2013-09-30 2:38 PM
in reply to: Aarondb4

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Subject: RE: What would you do?
Originally posted by Aarondb4

Originally posted by switch Not that it really matters, as I'd do whatever I would need to do to protect my family, but what does the law say about that LB?  If someone busts in your window, what can you do?  When you say you'd shoot the first one, would you aim to kill or disable?

Many states consider your vehicle to be the same as your home. Just as you can shoot a home intruder, you are legally able to shoot a vehicle intruder.

But this case would come down to did the driver of the SUV have a reasonable fear of grave danger to himself or his family. Anyone who watches the video would most likely agree he was in grave danger. News reports I have found say after the video cut off they got him out of the car and starting beating and cutting him. 

I don't like to get all internet tough guy, but there is a gun in my console for just such a thing. Probably a .001% chance I will ever need it, but it is there if I do. 

At first I couldn't figure out why in the heck he would get off the freeway, but I later read that apparently they had slashed his tires in one of the earlier encounters so he wasn't able to maintain speed. But yeah I'd have no problem, ramming, running over or shooting someone who was smashing in my window or trying to rip me out of my car. 

These idiot bike gangs can cause some serious problems, they roam around looking for trouble.

 

ETA: Forgot to add. I attended an inquest where my uncle was the attorney for a cop who shot and killed someone who was high on meth and shooting at civilians and the officers on scene. I had lunch with the officer and asked him if he thought just disabling the guy was a viable option. He said there is no way in that situation to "take out a knee" or something, both parties are fighting for their lives. Later at the gun range I realized that anything over 15 yards it can be hard to put a shot right where you want it at the indoor range. In an outdoor, nighttime real life shooting situation center mass is the best you can do or hope for. Same thing was taught at my CWP class, center mass, no fancy shootin tex. 

I don't know anybody who trains to "disable".   We've even adjusted our targets to make the "center mass" and "head ring" much smaller....because truly life/threat ending shots are in a smaller area than most people realize.

2013-09-30 2:42 PM
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Subject: RE: What would you do?

Originally posted by chirunner134 Thanks Aaron I was wondering the same thing myself of why did he get off the highway. if he turned the vehicle into 1 or 2 of them I wonder if they would stopped chasing him. If NYC let you carry guns would the driver even be alive today? Instead of breaking the window would they just shot him, his wife and kid?

I don't think he would have been justified turning into them as the "chase" was underway.  In my mind, his/his family's life is in danger at the exact moment they try to break into his vehicle....and because more than one of them are involved, which is what makes a higher level of force from him even more justifiable.  I can make an argument that you may still be able to fight off one guy without shooting him.....but once multiple people are attacking you, almost everyone (except Chcuk Norris) understands that you are in real danger.



Edited by Left Brain 2013-09-30 2:42 PM
2013-09-30 2:59 PM
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Subject: RE: What would you do?
Originally posted by Left Brain

Originally posted by chirunner134 Thanks Aaron I was wondering the same thing myself of why did he get off the highway. if he turned the vehicle into 1 or 2 of them I wonder if they would stopped chasing him. If NYC let you carry guns would the driver even be alive today? Instead of breaking the window would they just shot him, his wife and kid?

I don't think he would have been justified turning into them as the "chase" was underway.  In my mind, his/his family's life is in danger at the exact moment they try to break into his vehicle....and because more than one of them are involved, which is what makes a higher level of force from him even more justifiable.  I can make an argument that you may still be able to fight off one guy without shooting him.....but once multiple people are attacking you, almost everyone (except Chcuk Norris) understands that you are in real danger.

nvm



Edited by Aarondb4 2013-09-30 3:07 PM


2013-09-30 3:03 PM
in reply to: Aarondb4

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Subject: RE: What would you do?
Originally posted by Aarondb4
Originally posted by Left Brain

Originally posted by chirunner134 Thanks Aaron I was wondering the same thing myself of why did he get off the highway. if he turned the vehicle into 1 or 2 of them I wonder if they would stopped chasing him. If NYC let you carry guns would the driver even be alive today? Instead of breaking the window would they just shot him, his wife and kid?

I don't think he would have been justified turning into them as the "chase" was underway.  In my mind, his/his family's life is in danger at the exact moment they try to break into his vehicle....and because more than one of them are involved, which is what makes a higher level of force from him even more justifiable.  I can make an argument that you may still be able to fight off one guy without shooting him.....but once multiple people are attacking you, almost everyone (except Chcuk Norris) understands that you are in real danger.

Yeah it looked like to me that it got real serious the second time the driver stopped. The first time according to reports he stopped to talk after bumping the brake checker's tire, they started hitting his car so he took off. At that point I don't think he is in grave danger. It changes for me when the second time he stops the idiot charges at him and rips his door open and tries to grab him. At this point they have gained entry and obviously intend harm so at that point he is justified in defending himself either by ramming or with a weapon. I would have done everything possible to keep moving, but when he had to stop and they beat his window in, that is when the shooting would start if it were me. 

Yeah, he gave them multiple opportunities to leave him alone.....once they surrounded him and started breaking his windows out it becomes hard to watch.  It doesn't take a rocket scientist to see what's about to happen.  And I agree, when the guy charged and ripped open the door before the "chase" started again, it was obvious that it was going to end poorly without outside intervention.

2013-09-30 3:23 PM
in reply to: Sous

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Subject: RE: What would you do?
Originally posted by Sous
Originally posted by Pector55
Originally posted by tuwood

Not that this kind of stuff happens in America, but here's an interesting scenario to ponder.

You're in your SUV with your wife and small child.  A large group of motorcyclists are swarming around you on the interstate and you accidentally bump one of them or vis-versa.  You stop due to the accident and they all swarm around and start attacking your vehicle.

What can you legally do or not do?

Would you want to be armed or would you just let them do what they wanted to you and your family until the police get there?

Oh wait, this did happen in America.  Happened on Sunday in NYC.

http://www.youtube.com/watch?v=5ukdkgLYYbw

SEE IT: Pack of motorcyclists chase driver, his wife and child in SUV, attack him in upper Manhattan after fender bender on West Side Highway

I look forward to the day when cell phones are more common so law enforcement can be contacted to help head off incidents like this.  In the meantime, I carry an XD(M) and 3 full mags.  57rds would have helped here.  Ha.. it answer the question, "why does anyone need more than 10rds?"

And then you'd promptly get arrested for illegally carrying a firearm... since, 'ya know, no law abiding citizen needs a firearm according to the great state of NY.

 

Not even the great Bloomberg can do anything about "peaceable journey" laws.  But you are correct that I couldn't have defended myself with it in the state of NY.  Had I been stupid enough to enter that forsaken land a 4000lb vehicle would have been the necessary defense tool of choice. 

2013-09-30 3:32 PM
in reply to: tuwood

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Subject: RE: What would you do?

Damn. What a nightmare. 

What would I do? I really have no idea.

2013-09-30 3:36 PM
in reply to: mrbbrad

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Subject: RE: What would you do?
Originally posted by mrbbrad

Damn. What a nightmare. 

What would I do? I really have no idea.

You would protect yourself and your family in the best way you could.  That's what everyone does. Some people fight back, some folks cover their head, some run away.  I think the guy in the video tried all of the above.....and was left with being attacked or ending the threat to him and his family.

I agree.....a nightmare.

2013-09-30 4:10 PM
in reply to: switch

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Subject: RE: What would you do?

Originally posted by switch Not that it really matters, as I'd do whatever I would need to do to protect my family, but what does the law say about that LB?  If someone busts in your window, what can you do?  When you say you'd shoot the first one, would you aim to kill or disable?

Generally speaking from a legal standpoint once you fire your gun you have used "deadly force".  It doesn't matter if you're shooting at the ground near the guy, shooting him in the foot, or right between the eyes.  Each shot is considered the use of deadly force, so there's no legal benefit to "shooting to injure".

Also, when it comes to a situation where using legal force is an option can be determinant on a lot of circumstances.  For example, if a 6'1 225 male tries hitting or grabbing a 5'2 110 lb. female she could be in fear of losing her life and use deadly force, even if the guy has no weapons.  However, same scenario where a 6'1" guy is attacking a 6'5" guy with his hands, he may not have the same option because he can reasonably be expected to defend his life without shooting the guy.
Same scenario but now two guys are attacking one guy and it shifts yet again and the defender now has more of a legal right to defend himself with deadly force.

They always beat into us in military training as well as the CCW classes, that it boils down to a jury deciding if the level of force you used was reasonable for the situation.

In this situation I would have done the exact same thing this guy did and as LB mentioned as soon as he busted my window in he'd have an XDs greeting him in a not so friendly fashion.  Notice how the thugs had no fear of the people having guns in their vehicle.

 



2013-09-30 4:55 PM
in reply to: tuwood

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Subject: RE: What would you do?

So in these states where it is illegal to carry (is it still "carry" if it's in your console or glove box?--don't know my terminology) in your car (I'm gathering that NY is one), what then happens if you are "reasonably" protecting yourself/your family in your car but are doing it with your gun?

Also, out of curiostity, how many of you regularly have a weapon in your vehicle?

2013-09-30 5:04 PM
in reply to: switch

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Subject: RE: What would you do?
Originally posted by switch

So in these states where it is illegal to carry (is it still "carry" if it's in your console or glove box?--don't know my terminology) in your car (I'm gathering that NY is one), what then happens if you are "reasonably" protecting yourself/your family in your car but are doing it with your gun?

Also, out of curiostity, how many of you regularly have a weapon in your vehicle?

I would guess that states who don't allow carry in a vehicle would not allow you to use one to defend your vehicle. States that are strict on carrying usually want your gun and ammo separate while in the car, sometimes locked in a box, etc. 

In Idaho you can have a loaded gun in the car but it cannot be concealed in the car unless you have a permit. So loaded on the dash is fine, but if you want to tuck it away you need a permit, doesn't make a lot of sense to me. 

2013-09-30 5:18 PM
in reply to: switch

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Subject: RE: What would you do?
Originally posted by switch

So in these states where it is illegal to carry (is it still "carry" if it's in your console or glove box?--don't know my terminology) in your car (I'm gathering that NY is one), what then happens if you are "reasonably" protecting yourself/your family in your car but are doing it with your gun?

Also, out of curiostity, how many of you regularly have a weapon in your vehicle?

There's no easy answer because every state is different to some extent.  http://www.handgunlaw.us/ is a great site that tries to detail out most laws on a state by state basis.

For example, in Nebraska if you don't have a concealed carry permit you cannot have a loaded handgun "concealed" in your vehicle but you can have one in open view such as on a seat or laying on the dash.  However, in Omaha city limits you can't have one anywhere in your vehicle unless it's locked in a container too large to conceal.  Omaha does allow you to get an "open carry" permit so you can carry anywhere as long as a portion of the gun is visible.

If you have a concealed carry permit then none of these rules apply and you can carry however you wish.

I briefly looked at the NYC laws and you can't have any loaded handguns in your vehicle.  You can have one in your trunk or in a locked container other than your glove box if it's unloaded, but those types of things can be tricky if you get pulled over.  I believe NYC has some tough city restrictions as well.  I know New York has a concealed carry law, but I'm guessing it's not the easiest thing to get based on their political demographics.

As for guns in vehicles, I always have mine on my person wherever it's legal for me to.  So it's in my vehicle when I'm in my vehicle.
I know a lot of people that get their CCW permits and just throw one in the glove box, so I'd say that's fairly common.  It's definitely a lot more common than people carrying on their person.

2013-09-30 5:24 PM
in reply to: Left Brain

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Subject: RE: What would you do?
Originally posted by Left Brain

Originally posted by switch Not that it really matters, as I'd do whatever I would need to do to protect my family, but what does the law say about that LB?  If someone busts in your window, what can you do?  When you say you'd shoot the first one, would you aim to kill or disable?

I've never been trained to try and "shoot to disable" so I'm likely going to kill him....along with the next person who tries to get inside that vehicle to hurt me or my family.  We all have a right to defend ourselves and our family.  If you fear for your life/safety or that of your family, you are justified to use force to protect yourself. You will be judged on the amount of force you use.  Once multiple people start attacking my car and breaking the windows out to get at us.....someone is going to get shot.

Correct answer is ^^^^^.  It's called Personal DEFENSE. 

2013-09-30 9:30 PM
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Subject: RE: What would you do?


2013-09-30 9:47 PM
in reply to: tuwood

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Subject: RE: What would you do?

It was a fender bender. Cops get there, guy gets a ticket for hitting him from behind... even though it was partly his fault for stopping quickly... but still the Range Rovers fault for not stopping... everyone goes home. When they started to get him, they were now assailants, and deserved all they got. The guy ran over one of them to get away... and I completely agree with it. When they finally got him, it was all over. Every single one of them should go to jail. Him... traffic accident. Them, aggravated assault. It isn't complicated.

And yes, if he was armed, completely justified shooting several of them.... if I was a juror.

Absolutely ridiculous.

2013-09-30 9:54 PM
in reply to: powerman

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Subject: RE: What would you do?
Originally posted by powerman

It was a fender bender. Cops get there, guy gets a ticket for hitting him from behind... even though it was partly his fault for stopping quickly... but still the Range Rovers fault for not stopping... everyone goes home. When they started to get him, they were now assailants, and deserved all they got. The guy ran over one of them to get away... and I completely agree with it. When they finally got him, it was all over. Every single one of them should go to jail. Him... traffic accident. Them, aggravated assault. It isn't complicated.

And yes, if he was armed, completely justified shooting several of them.... if I was a juror.

Absolutely ridiculous.

I THINK, from what I have seen and read, that the "fender bender" actually happened after this incident had already got rolling....the quick stop that initiated the "fender bender" was actually the first attempt to stop the family in the Range Rover. 

2013-09-30 11:21 PM
in reply to: Left Brain

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Subject: RE: What would you do?
Originally posted by Left Brain
Originally posted by powerman

It was a fender bender. Cops get there, guy gets a ticket for hitting him from behind... even though it was partly his fault for stopping quickly... but still the Range Rovers fault for not stopping... everyone goes home. When they started to get him, they were now assailants, and deserved all they got. The guy ran over one of them to get away... and I completely agree with it. When they finally got him, it was all over. Every single one of them should go to jail. Him... traffic accident. Them, aggravated assault. It isn't complicated.

And yes, if he was armed, completely justified shooting several of them.... if I was a juror.

Absolutely ridiculous.

I THINK, from what I have seen and read, that the "fender bender" actually happened after this incident had already got rolling....the quick stop that initiated the "fender bender" was actually the first attempt to stop the family in the Range Rover. 

Ya, all I saw was that he called the police for them driving bad. Matter of opinion, but they were probably just being dare devils. Not cool, but also not worth ruining your day over. Stay in your lane, continue to drive, let them worry about them.

And when they are n a big group like that doing stunts and being jack arses, they know exactly what they are doing. Just like cyclists know full well some of the stuff they pull really makes people mad.

Getting me to stop my vehicle in any way, is an act of aggression, pure and simple. I'm not pulling over for you, and I'm not stopping to "talk". Very bad idea to do either. They wanted a confrontation.

2013-10-07 2:05 PM
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Subject: RE: What would you do?
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