Author Topic: Give a Warning or Just Shoot?  (Read 4099 times)

Hawkeye

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Give a Warning or Just Shoot?
« on: February 02, 2011, 10:19:37 PM »
A news story out of Philadelphia has me thinking. An off duty correctional officer was carrying concealed outside a bar when he came upon a drunk patron shooting into a crowd.  I could not find the original story I read a few days ago so I will link to one with less details.  It is always easier to second guess someone else’s action but there are some things you must consider that you may need to do prior to it actually happening.  Here is what I know from different news accounts of this story and other resources:

1.   The C/O was not at the bar drinking. He stopped by on business.
2.   New Jersey C/O’s are allowed to conceal carry under LEOSA. (HR 218)
3.   Being in another state he has no police authority.  If NJ is like Delaware then he was no police authority off duty no matter where he is.
4.   One news article says the C/O flashed his badge. A definite mistake. (see #3)
5.   He gave a warning to the guy to drop his gun which gave the guy enough time to turn and fire at the C/O.

Some people will say that if it is not their fight then they will not get involved.  They carry only for their protection and to protect their family.  To them I say that is fine if that is what you choose.  To those will intercede, and I would include myself in this group if I determined I could do so without posing a greater risk then the situation at hand, who in their right mind gives the gunman advance warning by telling them to drop their gun. 

I would like to think I would act appropriately but not having been in that position you never really know.  I have said (in jest) that if I were to ever get into a gun fight the first thing I would do is to take off my buttons so I could get lower to the ground. 

Is this a black and white issue or are their gray areas?  If you see someone shooting into a crowd could you shoot him without warning?  Legally and from a tactical standpoint the answer would be “yes” and I say that is the right thing to do.  We like to see ourselves as better then the criminal element that has no second thoughts about killing someone and that humanity in us that tells us to hesitate is exactly what gets so many well intentioned people shot.

Any other opinions?

Note: I am also a correctional officer and I carry under LEOSA.

Quote
A drunken tavern patron who turned a gun on a crowd outside a Juniata Park pub early yesterday lost his life after he ignored an off-duty New Jersey prison guard's orders to drop the firearm and instead fired at the officer, witnesses said.

The correctional officer, who police declined to identify, returned fire and hit the gunman twice in the chest and abdomen. The man, 28, whose name police wouldn't release, died at Temple University Hospital a half-hour after the 2:30 a.m. incident outside the Family Tavern on Luzerne Street near J, police said.

http://articles.philly.com/2011-01-29/news/27089788_1_fatal-exchange-bartender-gunman

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oldgraygeek

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Re: Give a Warning or Just Shoot?
« Reply #1 on: February 02, 2011, 10:36:25 PM »
I am neither a lawyer nor a LEO, but...
I think you just shoot, under the "Active Shooter" protocol. The shooter is active, and needs to be stopped. Shoot.

I remember reading about a mall shooting in which an armed citizen drew his weapon and ordered the gunman to drop his weapon. Instead, he got shot:

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On the 20th of November, at a shopping mall in Tacoma, Washington, Dominick Maldonado opened fire on shoppers with a Norinco Mak-90 rifle. Maldonado, who at the age of 20 already had an extensive arrest record, had been taking methamphetamine for five days. He decided to take out his "rage" against the world by shooting complete strangers. A legally armed citizen, Brendan McKown, chose to intervene. He drew his 9mm pistol but did not fire. Instead, he verbally ordered Maldonado to put down his gun. Maldonado responded by firing four rounds into McKown's torso. McKown survived his wounds but was grievously injured including a hit to the spine which may leave him unable to walk.

If someone is already shooting innocents, it's time to open fire.
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muleman88

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Re: Give a Warning or Just Shoot?
« Reply #2 on: February 03, 2011, 12:46:13 AM »
I have been told you do NOT give warning shots ( bullets travel to far and can hurt the innocent). I guess it would depend on the suituation as far as an oral warning. If someone was shooting in a croud, that wouldnt be a time for warning. Thats probably tuff for some leo"s due to protacols . I wouldnt want to HAVE to give a warning then exaust all means ( pepper spray, tazer etc) when theres a wild man shooting in public. Im not sure of all their rules but personally I would want the problem stopped FAST!

John

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Re: Give a Warning or Just Shoot?
« Reply #3 on: February 03, 2011, 01:54:28 AM »
It's a bigggg decison to shoot no doubt, in any situation.  A gunman shooting into a crowd??? is he a CCW shooting at a BG?  If I am totally convinced he is the BG then yes.  I will do my best to save lives.  Warning shot not included...

TwistedKarma

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Re: Give a Warning or Just Shoot?
« Reply #4 on: February 03, 2011, 11:22:32 AM »
  I was told the same thing.  Dont pull it unless you see a life in danger.  then, when you pull it., use it.   Then immediatly put it down or put it back, because the next CCDW person, might mistake you for a shooter..

If you read up on the Arizona thing, Joe was the 2cd or 3rd in to tackle the gunman, he almost shot the guy with the gun.  This would have been a mistake, because it had just got wrestled from JL's hands.   Luckly he didn't do any more than release his safety.   

Just trying to survive in the second Great Deprssion.

Sigarms12

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Re: Give a Warning or Just Shoot?
« Reply #5 on: February 10, 2011, 09:54:07 PM »
No warning and shoot to kill.
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