June 4th, 2011 10:06 PM
+1 to retsupt99 from another old man. Here in TN I have no obligation to retreat but I will. I will do all I can to avoid a confrontation but when I feel my life or someone else's is seriously threatened with dealy force or crippling injury I will do whatever I have to do to stop the threat. I won't like doing it but I am not the instigator. I'll take my chance with the 12 if the DA decides to persue me.
June 5th, 2011 07:19 AM
Whether or not one agrees with his opinion of OC, there's no doubt about his authoritative knowledge of Florida law related to firearms and self-defense.
Originally Posted by sgb
Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
Blame it on Sixto - now that is a viable plan.
June 5th, 2011 09:02 AM
It might be worth taking a moment to reflect on the meaning of the word "justified" as used in the title of this thread.
After all, there's a specific sense of justification to consider in addition to the abstract, vague and hazy way it is normally employed. Some people might think that if a shooting is legally permissible due to law and statute, then the cops are going to show up, take a statement, and be on their merry way.
Well, that's one way things could play out. It does happen.
But usually no. Instead, it's far more likely that you are going to have to justify your own actions to a district attorney. What will ultimately matter is that he or she decides that your actions were reasonable and justified. And if he doesn't, then you may have to convince a judge and jury that you were acting reasonably when you shot that person.
Note that in the above, the situation involves you, the gun owner, explaining your behavior to other people.
It is not the case that some ephemeral notion of "legally justified" can hang above a doorway like a piece of ballistic mistletoe, magically protecting you from prosecution. Rather, the burden will usually be on you, Mr Self-Defense shooter, to demonstrate how you had no other option left but to fire your weapon. Assume that the fine men and women in your criminal justice system will carefully examine your story and search diligently for any possible alternative that you failed to explore.
Even though you have no obligation to remove yourself from harm's way, the DA may want to know why you didn't.
My state has no 'duty to retreat.'
"It may seem difficult at first, but everything is difficult at first."
June 5th, 2011 11:15 AM
Thanks for the advise. There is good information on each responce and I appreciate them, Thanks again.
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