No, pulling a gun in this situation is not self-defence by any stretch of the imagination. No one was fearing death or serious bodily injury which would justify even the threat of deadly force.The woman pulling the gun is committing Felony Assault under Michigan law, Section 750.82.
The offense of Assault with a Deadly Weapon (ADW), is also known as Felonious Assault in Michigan. ADW is felony which is punishable by up to 4 years in prison. ADW is a crime which involves an assault with a deadly weapon (such as a gun or knife) or any other instrumentality which is fashioned or used as a weapon (car, club, bottle) which is capable of inflicting serious bodily injury or death. A criminal charge or conviction does not require actual physical contact or an injury. The offense is considered complete upon placing another in fear of an assault by a person who possesses a deadly weaponMichigan law requires that the defendant "must have honestly and reasonably believed that he or she was in danger of being killed, seriously injured or sexually assaulted" in order to use deadly force. Additionally, the defendant "may only use as much force as he or she thinks is necessary at the time to protect himself or herself."
While a person may believe he or she had acted in self-defense, the police, prosecutor, judge and jury may disagree.
No shots need to be fired for her to be found guilty.
I'm not sure how the "pro-gun" crowd can defend this action. I know responsible gun owners don't, but it's time they stepped up to the plate and admitted this shit happens too often with the relaxing of concealed carry law for it to be condoned.
It's time to give Presser v Illinois, 116 U.S. 252, 6 S.Ct. 580, 29 L.Ed. 615 (1886) yet another plug.
One of the many failings of the Heller-McDonald bullshit is that those cases were not cases of first impression, but that post is coming in the future.
See also:
What Does Brandishing Mean? And Why You Should Never Do It…
