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Some will use this case to argue against open carry. Deterrence didn’t work, did it? No, but no one claims deterrence will always work. An open carrier must be prepared to retain the weapon or use a backup weapon of some sort (lots of options, including a concealed backup gun). Some attackers are just nuts and nothing will deter them.Apparently this instructor agrees with me on the importance and efficacy of open carry, and handled himself well under the circumstances.

Another man who was inside the store and carried a visible firearm in a holster also tried to de-escalate the situation and warned Breland to leave.”The deceased left but returned throwing what appears to be potatoes chips at the clerk. The shooter then follows the deceased outside to get his vehicle license plate number for the police. When the deceased saw the shooter getting his plate info, he exited his vehicle and physically attacked the shooter,” said a statement from Mandeville Police.The unidentified man then drew his gun after being attacked. The man then went inside the store, but Breland followed him inside and continued to attack him. “The video shows the deceased, who his larger than the shooter, physically shoving and pulling the shooter back and forth. The video also shows the deceased attempting to grab for the firearm. The shooter order the deceased back and told him he would shoot him if he did not stop,” said a statement from police.”The shooter retreated into a corner of the store while still being attacked. With nowhere left to retreat, the shooter fires one round striking the deceased. The deceased does not stop his attacks and the shooter fires two more rounds, striking the subject, who then falls to the ground,” the statement concluded.

Source: Self-defense leads to fatal shooting at gas station, say police | wwltv.com

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David R. Duringer, JD, LL.M, is a concealed firearm instructor and tax lawyer specializing in business and estate planning; licensed to practice law in the states of California and Washington. He is managing shareholder at Protective Law Corporation, serving Southern California from its Laguna Hills (Orange County) headquarters and a satellite office in Coronado (San Diego County).

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