The Burden of Proof - Page 3

The Burden of Proof

This is a discussion on The Burden of Proof within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Seems "disparity of force" would be in your favor, even against an unarmed attacker. But I am not a lawyer, nor do I play one ...

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Thread: The Burden of Proof

  1. #31
    Senior Member Array gwhall57's Avatar
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    Seems "disparity of force" would be in your favor, even against an unarmed attacker. But I am not a lawyer, nor do I play one on TV...
    "Bad spellers of the world - untie!"

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  2. #32
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by MitchellCT View Post

    And if you have no doubts at all about use of force rules that will effect your life should you need to drop the hammer (or for glock people, "make the ping sound with the funny little plastic thingy")...


  3. #33
    VIP Member Array MitchellCT's Avatar
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    I don't post here anymore...Sorry
    Did you read the rest of that post, and what are you answers to the questions asked in it?

  4. #34
    Lead Moderator Array MattInFla's Avatar
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    Nov 2005
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    Quote Originally Posted by cwblanco View Post
    Castle law or not, the ultimate test will be whether the defensive shooting is the result of reasonable conduct of the shooter. I know of no state that permits one to shoot another just for the hell of it, or for that matter, just because the SOB needs killing.
    Florida's Castle Doctrine is a bit different.

    Florida law contains two presumptions:

    1. An individual who unlawfully and forcefully enters a residence does to with the intent of committing a violent felony.

    2. A resident who uses deadly force to repel such an individual is presumed to do so out of a reasonable fear of imminent harm or death.

    While it doesn't allow someone to shoot an intruder "just for the hell of it", it does remove any obligation on the part of the resident to justify their use of force.

    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
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