The recent exchange of gunfire between two firearm holders in Sam Sharpe Square, Montego Bay, St James, is the new talking point on all fronts, both social and traditional media.

I also think it’s worthy of a discussion so let’s do an analysis without the press antics.

Before I start, first let me say two things as a caveat. You have to be cautious when looking at a video in isolation when coming to judgement in any case under investigation. The optics did serious damage to the cause of citizens carrying licensed firearms, and I hope not to see anything like that again.

However, let’s play the devil’s advocate and go beyond the hype. Let’s look at law, state of mind and reality.

Ok, so in a nutshell, I have been told that a younger man, in a fit of anger, attacked an older man and was striking him in the face. The older man drew his firearm, and so did the attacker, and they shot each other. I don’t really know if this is true. The rest of the incident played out on video.

So assuming it’s correct, let’s look at the actions of the older gentleman. Is it reasonable to draw your firearm if you are assaulted? Is it legal? Well, it’s both.

You can’t fight anyone with a gun in your waistband. It is going to drop out! The attacker will likely take it and use it on you. Forget everything you see on TV.

You can try it if the gun is in a retention holster, but that’s largely constructed to accommodate open carry. You rarely see retention holsters being used in concealed carry.

Secondly, is it legal or reasonable to stalk and shoot at someone who has just struck you in your face and shot you?

Well, the actions posted of them being wounded are dependent on a perception of threat. If you feel you’re in mortal danger, then it’s legal.

Is the perception reasonable? Well, if the man just attacked and shot you and is still armed and the gun is in his hand, it may be.

The state of mind of the individual is important to consider. He was just shot. Your mind doesn’t play out in the analytical reasonable way that the average person does.

Being shot is a very traumatising event. We’re not talking about a trained SEAL operative. The average man is not trained to process information after being wounded.

When I was trained in counter-terrorism the first section of the training programme was a torture session. Electric shocks and water boarding. This was necessary to teach us to process information and make decisions under stress. Normal people aren’t trained like that and I hope they’ll never have to be.

In Jamaica you don’t have a duty to retreat. It’s very similar to the American ‘Stand your ground law’; if you’re under attack you are free to use as much force as necessary to repel the attack.

You should consider public safety, but you’re not bound to if your life is in eminent danger.

There is also the very important element that the older gentleman may not have known that the attacker was a licensed firearm holder. This is a key factor. I daresay that if the alleged attacker was not a licensed firearm holder we would not be discussing this issue.

However, I would like to suggest that anyone with a working gun in their hand is a threat, especially if you have just been shot with said gun.

So let’s predict our own actions as firearm holders and human beings. I am attacked, then struck in the face. I am overwhelmed by youth and size and I am very vulnerable because I am armed. Do I draw my gun? Likely I will.

My attacker draws his, will I fire? Yes, very likely.

Do I consider if this is a gunman or a licensed firearm holder? I would, because I am law enforcement and that would guide my actions. However, you are not so bound by the law. Your legal consideration is, are you in fear of your life? But when in danger and having to make split-second decisions you rarely process law. So I think you would fire.

This becomes even more likely if he is pointing the gun in my direction, or yours. In fact, if you wait on him to point to respond then you’re going to get shot first. That’s self-defence 101.

Ok now, you shoot and he shoots, you’re hit. What is your likely reaction. If you retreat you need cover. If there is none do you just stand? Remember, you’re human. You are also wounded. In fact, you may take the decision that the safest tactic is to attack.

This is not dandy shandy or last lick, it’s combat. It’s also never pretty.

I think a charge of shooting with intent in this case will be really hard to prove. It’s a little harder to rationalise the younger man’s position if he actually attacked the man first. However, if you attack a man with your hands and he shoots you and you are armed, are you justified in shooting back?

It’s tricky, but you always have the right to defend your life. Striking someone in the face is not a mortal attack. It is, however, illegal.

He looked like he was trying to evade the attacker in the video. However, he still had his gun in his hand.

What would you do if you were shot and under a proper counter attack?

How does all this fit in with the code of conduct for licensed firearm holders?

Well, neither of them will ever carry a licensed gun again. Bearing arms in Jamaica is a privilege, not a right, and no one is going to give them back a gun after that display.

Is this legal? Yes, you can be denied a permit based on an intelligence report that you will never get an opportunity to refute. So you can imagine the outcry after this.

Is it right? That’s a harder question. I will answer it like this. Carrying a personal weapon is a privilege given to few with means and almost none who are poor. That is the raw truth. So if it’s such a privilege then you have to bury your pride at times.

This is true in relation to road rage issues, car crashes and even domestic disputes.

You want to keep that gun, don’t answer the abusive taxi man, ignore him. Don’t go home if that woman is really angry and wanting to hurt you because any fight in the same space as a gun is dangerous and quite frankly, there have been more lies told of men and their guns in domestic spats than there have been lies about the fish that got away.

You want this privilege, you simply can’t be involved in public spats like that. It’s that simple. Even if you may be right in law you still have to conduct yourself in keeping with the expectation of a firearm holder.