Can I Brandish my Gun in Self-Defense: Brandishing Arguments? | Instructor Mike

Published on February 10, 2021
Duration: 6:55

This video discusses the legal arguments surrounding brandishing a firearm in self-defense, particularly in Illinois. Instructor Mike emphasizes the importance of articulating a lawful justification for drawing a weapon, focusing on the 'mens rea' (guilty mind) and 'actus reus' (the act itself). The instructor argues that the law does not require a person to be a trained fighter and that the intent behind drawing a firearm should be to stop a deadly attack with lawful justification, not to commit aggravated assault.

Quick Summary

In Illinois self-defense, you must articulate 'actus reus' (the act) and 'mens rea' (guilty mind). Your intent should be to stop a deadly attack with lawful justification, not to commit aggravated assault. The law doesn't require you to be a trained fighter; drawing a firearm can be justified to level the playing field against an aggressive assailant.

Chapters

  1. 00:00Articulating Self-Defense with a Firearm
  2. 00:24Not a Trained Fighter: Legal Requirements
  3. 00:33Illinois Statute 720 ILCS 5/7-1
  4. 01:25Actus Reus vs. Mens Rea in Self-Defense
  5. 01:52Intent: Not Aggravated Assault, but Lawful Justification
  6. 02:50Assessing Threat: Size, Skill, and Aggression
  7. 03:11Uncertainty of Attack Severity
  8. 04:55Unknowns of an Assault
  9. 05:20Drawing the Firearm: Leveling the Field
  10. 05:52Verbal Commands and De-escalation
  11. 06:09Assailant Continues Advance: No Retreat Option
  12. 06:33Legal Troubling: Fear of Being Beat Up

Frequently Asked Questions

What are the key legal concepts when brandishing a firearm in self-defense in Illinois?

In Illinois, when brandishing a firearm for self-defense, you must articulate 'actus reus' (the act of drawing) and 'mens rea' (the guilty mind). Your intent should be to stop a deadly attack with lawful justification, not to commit aggravated assault or place someone in reasonable apprehension of a battery without justification.

Does Illinois law require you to be a trained fighter to use a firearm in self-defense?

No, Illinois law, specifically 720 ILCS 5/7-1, does not require you to be a trained boxer or skilled in hand-to-hand combat to carry and use a firearm in self-defense against a deadly attack, whether armed or unarmed.

How does one justify drawing a firearm when facing an unarmed attacker?

You can justify drawing a firearm if the attacker's size, skill set, or manner of aggression leads you to believe you will be harmed beyond a simple slap or punch. The unpredictability of the attack's severity makes it impossible to know it will be 'simple' until after the fact.

What role do verbal commands play when brandishing a firearm?

Verbal commands like 'don't want to fight,' 'leave me alone,' and 'I speak peace' are crucial. They demonstrate your intent to de-escalate and show that your action of drawing the firearm was for lawful justification, not criminal intent.

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