When should Physically Disabled draw their weapon? [Archive] - Glock Talk

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eagle00
05-23-2012, 13:35
Hi Mas,

Question regarding a disabled individual and CCW. As a disabled individual I cannot wrestle or physically defend myself because of my condition. As such, any physical confrontation could potentially result in great bodily harm to me. Due to this disability, any potential confrontation cannot be allowed to escalate to the point where any physically "normal" person might be able to tolerate. Therefore, I would reasonably (to me) have to prevent any potentially dangerous/deadly situation by perhaps drawing my weapon much sooner than what might be reasonably accepted by non-disabled people. At what point could I, as a disabled person, be confident that I did not react disproportionately to a potentially deadly or very dangerous situation, especially when the non-disabled would not understand the potential results of a disabled person reacting too late? Thank you for your help.

Mas Ayoob
05-23-2012, 21:50
Eagle, welcome to Glock Talk. Your situation is what is called "disparity of force." That means that an ostensibly unarmed (but able-bodied) man has so much power over you that if he assaults you violently, he is likely to kill or cripple you. That gives him the power of deadly force, even if he is not armed with a per se "weapon": his advantage, in essence, becomes the equivalent of a deadly weapon.

However, he must still be close enough to harm you with his hands and feet, and within what the courts call "the totality of the circumstances" he must have manifested by words and/or actions an obvious intent to violently attack you. Otherwise, you will have a hard time proving that your recourse to your gun was justifiable.

Hoping the above is of help, and still here if I can clarify anything,

Mas

eagle00
05-23-2012, 21:56
Yes, you've answered my question; the key being the perp must be close enough to me to harm me with his hands/feet (after intent is established). Thank you for your response.