March 19th, 2006 05:03 PM
I am recovering from a major surgery this past Tuesday and it has me pondering on the use of force, namely a firearm. In my current condition I could not fight off a boy scout with an attitude with physical force alone. Should someone in a similar conditon become the victim of an assault perhaps while out walking would the justification in using deadly force be less than if completely healthy? While in normal circumstances a physical assault would not endanger ones life right now I would not be too certain
March 19th, 2006 05:26 PM
There is a thing called "The Reasonable Man Doctrine" that most courts will recognize to some degree. What it boils down to is "what would a reasonable person see as a reasonable course of action" under a given set of circumstances. In this case, the "reasonable course of action" would include the level of force that you employed.
For example, a guy that was a 200 lb Golden Gloves boxer would most likely go to jail if a 200+ lb miscreant attacked them with bare hands and said boxer shot them. A "reasonable man" would expect a 200 lb boxer to be able to defend himself without the use of a weapon. If however, a 110 lb woman was attacked by the same individual, she would be on much firmer legal ground for shooting said criminal.
In other words, yes, your line of thinking is "reasonable"
However, as evidenced by the need to ask such a question in the first place, you need to contact a first rate firearms trainer and book a class. This is a topic that any such teacher should cover in an entry level course. If you carry a gun, you need to know this. I do not say this at all intending to be rude, but rather I am trying to keep you both safe and out of prison.
It would also be a good idea to spend a few bucks with a reputable defense attorney (one with a background in self defense issues) in advance of carrying a gun in order to get more specific information regarding this issue, and a better feel for the legal climate in your specific jurisdiction.
Stay safe ( and get well soon).
March 19th, 2006 05:34 PM
C85 - Gary has covered much.
I might add tho - the interpretation you might make, in your present condition - of the term - ''I was in fear for my life'' - that being key to many issues.
Chances are if faced with severe threat you quite possibly could claim that fear as being greater than normal, simply because you are so disadvantaged right now. Your options shall we say are more limited.
It would go without saying of course, avoid trouble always but I am of the opinion that if push came to shove, you would receive a more sympathetic assessment right now.
I say this as pure opinion and no legal basis at all! I too wish you the speediest and best recovery.
Chris - P95
NRA Certified Instructor & NRA Life Member.
"To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."
- a portal for 2A links, articles and some videos.
March 19th, 2006 06:50 PM
Gary and Chris pretty much hit it all you would have to prove is you were unable to defend your self and in fear of your life
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