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If someone points a gun at you....Can you KILL them?

The Republican said:


You dont need physical proof. The law states that as long as YOU felt that your life was in danger, you have the freedom to use any means comparable to your assailant. So, if he comes at you with his fists and you shoot him 27 times, chances are you will be in trouble. If he comes at you with a knife then feel free to shoot the guy.
Your property falls under this law as well. If someone is stealing your car or TV, you have the right to stop him any way you can, which includes shooting at him.


dude, be careful giving out advice like this...

the law is based on what a "reasonable person"
in the victim's position would have felt...

physical proof is essential...he better have a
gun or a knife if you shoot him...

if just a knife, you could have a duty to reasonably
retreat, depending on the state...even with him
having a gun under certain scenarios...

texas, i believe, is still the only state that recognizes
the use of deadly force in defense of property...

with all respect, dont get someone in trouble
giving questionable advice...
 
bwood said:



dude, be careful giving out advice like this...

the law is based on what a "reasonable person"
in the victim's position would have felt...

physical proof is essential...he better have a
gun or a knife if you shoot him...

if just a knife, you could have a duty to reasonably
retreat, depending on the state...even with him
having a gun under certain scenarios...

texas, i believe, is still the only state that recognizes
the use of deadly force in defense of property...

with all respect, dont get someone in trouble
giving questionable advice...

Another good point. I studied constitutional law and this is how it is portrayed, but like Y-Lifter said every state is now able to create its own interpretation.
 
Actually, self defense does not use a reasonable person standard, at least in most states, it uses the actual mindset of the individual. Did the person believe their life or the life of another was in immediate danger.

Most states also require you to retreat from a situation if possible vs using deadly force.
 
I don't need a gun, because nobody fucks with me anyway because I'm crazy......then again, it's the very reason I'm crazy that makes me carry around two unlicensed Mac-10s, and an AK-47 just for backup.
 
Y_Lifter said:
Honestly, unless you are related to quick draw McGraw,
you had better just hand it over.

No tellin what punky brewster would do if you start rootin through
your pockets for your piece..

Probably shoot you for what, $40 ... ?

I would actually take the chance.... Im not going to be taken advantage of by a scumbag.

And I think the usual robber/car jacker doesnt expect you to go for a gun, actually they dont want you too because in most cases I doubt they are prepared to use it.

And wouldnt it be sweet to etch a little mark on your gun the represents someone you have killed:)


Oh, and always carry a swap meet derringer in your car to plant on the guy in the case he didnt have a weapon.
 
Florida's take on this...
.
.
776.012 Use of force in defense of person.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.

776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.


776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
 
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