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Re: Only a matter of time (Advice needed)
Posted: Tue Nov 29, 2011 8:20 pm
by speedsix
bayouhazard wrote:speedsix wrote:"Unless he's running in a direction that's a threat to you, it's not self defense. If you want to shoot him, just do it while he's pointing the gun at you. Then it's a clear case of self defense."
If the crook is running in a direction that's not a threat to you, it's not self defense. It may be defense of property or some other justification but it's not self defense.
...I didn't write that...I quoted your having written that...that's why it's in quotes...and I went on to argue with it...as you well know
I didn't write the law...but I read it frequently...if he has committed armed robbery, and is still in possession of what he stole and his weapon...he's still committing the robbery, and 9.31(a)(1)(C) and 9.32(a)(1) and (2)(B) apply...as might 9/41(a) and (b)(1) and (2), thereby kicking in 9.42(1) and (2)(A) or (B) if (3) (A) or (B) apply...but as the OP described it, it's more about stopping a robbery than protecting property...and stopping the robbery is self defense...
Re: Only a matter of time (Advice needed)
Posted: Tue Nov 29, 2011 8:38 pm
by speedsix
ELB wrote:bayouhazard wrote:speedsix wrote:"Unless he's running in a direction that's a threat to you, it's not self defense. If you want to shoot him, just do it while he's pointing the gun at you. Then it's a clear case of self defense."
If the crook is running in a direction that's not a threat to you, it's not self defense. It may be defense of property or some other justification but it's not self defense.
Bayouhazard, you just put your words from the third post of this thread into speedsix's mouth. ???
He certainly was not agreeing with the premise that bad-guy-running-away = no-self-defense.
In any case, I thing it is a really bad idea to automatically presume that a guy who just threatened my life with a gun is no longer an imminent threat to my life and limb just because he is running away but still in gun range. Whether I shoot him as I boogie to cover or just boogie to cover is going to depend a lot on his precise actions.
...notice the laughter smilie...he knows that...just pokin' the old dog a bit...
...part of the reason we have CHL is so we have options...and it's not illegal to fight or to boogie to cover...it's a choice made by the one whose butt's on the line...but knowing, really KNOWING, what the law says helps us make our decision correctly...that's my point...