The Drunk and the Doorway
You are an armed guard at a 24-hour convenience store. At 2:15 AM, a man who smells strongly of alcohol and is swaying enters. He knocks over a display of chips and begins shouting at the clerk. You approach and ask him to leave. He turns, squares up, and says, "Make me." He is 6'2" and 240 lbs; you are 5'9" and 170 lbs. Your sidearm is holstered on your right hip. The clerk is behind the counter, 10 feet away. There are no other customers. The man's hands are empty and at his sides. He takes one step toward you. Your state law allows use of force, including deadly force, only if you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another. Your company policy prohibits physical force except in self-defense or defense of others, and requires you to retreat if safely possible.
1. What is the appropriate immediate action, and why?
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The appropriate immediate action is to create distance and continue verbal de-escalation while keeping your hands free and your sidearm holstered. The man is intoxicated, verbally aggressive, and has taken one step, but he has not struck you, produced a weapon, or made a specific threat of deadly force. Deadly force is not justified under the stated law because there is no imminent threat of death or great bodily harm. Physical force is also not yet justified under company policy because you have not been attacked and you have a safe retreat option: you can step behind the counter or toward the door while keeping the clerk in view. You should not turn your back or run, but you can move to put the counter between you and the man. Continue calm, firm commands: "Sir, you need to leave now. I don't want trouble." If he advances past the counter, you may use reasonable physical force to defend yourself, but the firearm stays holstered unless the threat escalates to deadly force. Call 911 if he does not leave within a reasonable time.
2. If the man charges you and pins you against the counter, what factors determine whether you can draw your firearm?
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The key factors are: (1) Is the threat imminent? A charge and physical pinning is an imminent threat of bodily harm, but not necessarily deadly force. (2) Is the threat one of death or great bodily harm? You are smaller and pinned; a single unarmed assailant pinning you may not rise to that level unless he is choking you, beating your head against a hard surface, or otherwise creating a substantial risk of death or serious injury. (3) Can you safely retreat? You are pinned, so retreat may not be possible. (4) Is the force proportional and necessary? You may use reasonable physical force to escape the pin. A firearm is deadly force; drawing it is justified only if you reasonably believe you are in imminent danger of death or great bodily harm. If he is merely holding you, you should use physical techniques to break free and call for help. If he begins choking you or slamming your head, deadly force may become justified. The decision must be based on the specific actions and your reasonable perception at that moment, not on his size alone.