A CCW permit holder could use the same judgement, but it would not fly. A well trained officer with a level head would not have done what that OD LEO did.
I remember that story about Omar Edwards. Sad.
If Youtube off duty cop had been shot by an off duty cop riding his bike, it would have another sad story and no charges filed, but the story would be told in training about how not to pull you gun.
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This is where I believe the laws between civilians and sworn officers differ.
I think if the officer can articulate that he felt there was an imminent danger then he is allowed to pull it out.
Who can really say for 100% certainty that imminent danger did not exist in that officers mind.
That's the gray area so to speak.
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