A trial in Lawrence, Kansas is putting a question in front of a jury that every concealed carry holder should think about long before they ever face it: when does a bad encounter with a stranger justify drawing your gun, and when does drawing it make you the one facing charges?
What Happened
According to reporting from the Lawrence Journal-World and Concealed Nation, two strangers exchanged words at the pumps of a gas station. The man who was confronted testified that the other man pulled a gun on him after he didn’t nod back at him.
The defense tells a different story. The defendant’s attorney argues his client saw the other man closing distance with threatening body language and displayed his handgun to stop what he believed was an assault about to happen. Prosecutors counter that words and posturing alone don’t justify producing a firearm, and that without a weapon or an actual attack underway, the defendant was brandishing, not defending himself.
The Line the Jury Has to Find
This case comes down to the difference between feeling threatened and being in imminent danger. Those are not the same thing in the eyes of the law.
Self-defense statutes generally require that you reasonably believe force is necessary to stop an imminent threat. Deadly force requires more: a reasonable belief that you are facing death or great bodily harm. The jury won’t judge the defendant by how scared he was. They’ll judge him by what a reasonable person in his shoes would have believed based on what was actually happening.
What This Means for Illinois Carriers
Illinois law follows the same principle. Under 720 ILCS 5/7-1, you may use force likely to cause death or great bodily harm only if you reasonably believe it’s necessary to prevent imminent death or great bodily harm to yourself or another, or the commission of a forcible felony. Pulling a gun on someone in a situation that doesn’t meet that standard can expose you to charges such as aggravated assault, along with the loss of your FOID and CCL.
In other words, your concealed carry license gives you the right to carry. It does not give you permission to use your firearm to win an argument, end a stare-down, or make someone back off because they were rude.
How to Stay Out of This Courtroom
Parking lots and gas stations are transitional spaces. You’re distracted, you’re pumping gas or loading the car, your phone is out, and strangers can get close fast. That’s where situational awareness pays off. Here’s what we teach in class:
- Keep your head up. Put the phone away in transitional spaces and notice who is around you before you commit to pumping gas or loading groceries.
- Don’t engage. Your ego is not worth a trial. If someone wants to argue, let them have the last word.
- Create distance. Step back, put the vehicle or the pump between you and the other person, and give yourself time to think.
- Use your voice. Clear, loud commands like “Stop! Stay back!” set a boundary and let witnesses know who was trying to avoid the fight.
- Leave. If you can get in the car and drive away safely, that is almost always the best outcome.
- Know your options. Pepper spray and other less-lethal tools give you a response for threats that don’t rise to the level of deadly force.
Instructor’s Takeaway
Every time you touch your gun in public, you should be able to explain to a jury exactly why a reasonable person would have believed their life was in danger at that moment. If you can’t, keep it holstered and use your feet, your voice, and your judgment.
The jury’s verdict in Kansas is still to come, but the lesson for the rest of us is already clear: the best defensive encounter is the one you avoid. If you want to sharpen your understanding of Illinois use-of-force law and practice de-escalation, check out our Use of Force and Situational Awareness courses.
This article is for educational purposes and is not legal advice. For questions about a specific situation, consult an attorney licensed in your state.