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November 20, 2009, 05:40 PM | #176 | |
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And as for shooting beyond justification, I think this news story is instructive and provides a lot of food for thought: http://www.newsok.com/pharmacyshootings Somewhere around here, there's a massively-long thread discussing this case, but we closed it when it began spiralling out of control with no new information to discuss. Great thread, though. Perhaps when the trial opens, I'll find that thread, re-open it, and bump it back up to the top. Lots and lots to learn from Ersland's actions there. pax |
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November 22, 2009, 08:51 AM | #177 |
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Smart plan
If you have a plan in mind for what you will do in a self-defense situation you have just found a good place to keep it.
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November 23, 2009, 07:54 PM | #178 |
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It depends on where you live.
There was a guy in NJ that had an ethnic intuder break into his house and fired 5 shots at him with a semi auto pistol. The home owner gaured the entrance of his hallway that led to the bedrooms. He had 3 girls and a wife scared to death hiding like they had been taught. The bad guy shot again and the homeowner slide the buckshot he had in his tacticle shotgun and racked a slug in. He shot through the fridge and blew a BG up. No charges were filed against him by the police. The family took it to civil court and won a large settlement against his homeowners policy. This is so wrong. It just depends on where you live. I have been in robbery situations where I could have defended my self with lethal force in Colorado. My gut told me I was not in danger and I did not respond. Best decision. Same here in Texas, if someone wants to just steal my property with no threat to myself or my family, I will not respond. I have insurance and I do not want anyones blood on my hands. If I feel in the least bit threatend, the only choice I have is which gun. Its either them or me. |
November 23, 2009, 08:32 PM | #179 | |
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From all I've studied, using lethal force against another person can have a profound effect on your life. Many people who have thus used force have reported a variety of difficulties coping with the event. And even beyond the potential personal emotional issues, the person who has used force in self defense will be thrust into the criminal justice system. At the very least, even in a fairly clear cut case, he (hopefully with the help of qualified legal counsel) will usually be subject to police interrogation and generally through the wringer. It will cost our defender time, money and anxiety. That is one reason why, IMHO, training and practice are so important. One needs to be confident of his physical and mechanical skill so that his focus can be on quickly assessing the situation and choosing what to do. |
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November 23, 2009, 09:48 PM | #180 |
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I'd rather kill than die, anyday. People have no boundaries in our society, and I'm thankful to live in FL where I can legally be armed AND use lethal force to prevent death OR great bodily harm. I hope to never shoot anyone, but once my mom was attacked by thugs last Christmas, the whole family carries, shoots, and trains with several firearms. I've said it before, but, my moms "nightstand" gun was worthless to her when 17 year old punks were armed with it and waiting at her house. She now carries a S&W 642. It's in her hand EVERYTIME she enters the door. Its a screwed up world out there and if someones in a position where you're faced with severe violence or death- SHOOT TO KILL.
Dead men don't tell no lies
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November 23, 2009, 10:26 PM | #181 | |
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And now you've shouted your point of view to the world. If you are ever involved in the use of lethal force in what you claim is self defense, and if there is any questions about justification, you may find yourself on trial. If you are on trial, there would be an excellent chance that the prosecutor has your post, has tied it to you and has had it admitted into evidence to show your attitude, disposition and state of mind. And so now the prosecutor argues to the jury that is going to decide whether or not you go to jail something like, "The defendant wants you to believe that he fired to defend his life. But you, members of the jury, should consider his post on The Firing Line to be evidence that he was really looking for a reason to kill. His claimed belief that he was in jeopardy was all in his mind, because what he really wanted to do was kill someone." But I guess you haven't been paying much attention to this thread. |
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November 23, 2009, 10:58 PM | #182 |
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Just to add a new twist re: the legal judgement of intent, here's a question: could the amount or type of ammo you have be prejudicial in court? Sort of an odd question, maybe, but let me explain what I'm asking. Let's say the worst happens and you find yourself in a defensive of use of deadly force. You shoot to stop, without malice, and the assailant is either dead or wounded.
During the course of the legal proceedings that will ensue, it is learned that you have 1,000 rounds of ammo in the closet. Maybe some or all of them are JHP rounds, designed to inflict maximum damage to the target. Now, in your mind, this is immaterial to intent; you aren't thinking of your ammo stash, you are focusing on the immediate threat to your life and your family. But how would a prosecutor or jury interpret this? After all, why in the world would you have so much ammo ... "How many people were you planning to shoot, sir?" As we all know, in the past year or so there has been a tremendous increase in the demand for ammo, and a lot of people have stocked up; either as a hedge against future price increases, supply constraints, or maybe the fear that future legislation would somehow make ammo harder to obtain. To sum up, would any of the above be admissible, and if so then could it be adverse to your case? |
November 24, 2009, 12:00 AM | #183 | ||||
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One more time, it is SHOOT TO STOP. Also apparently lost on you is the serious, potentially irreversible problem one may create for himself in putting forth statements that may tend to indicate a state of mind that would not tend to support a defense of justification. Refer to Sarge at Post 57, Fiddletown at 77, Glenn E. Meyer at 94, and Fiddletown again at 181. Once such statements have been put forth they are electronically indelible, discoverable, and potentially severely incriminating. Quote:
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November 24, 2009, 12:38 AM | #184 | |
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Some things are fairly likely to be potential issues with a jury. Glenn Meyers has done some studies to suggest that the type of gun used can have an effect on juror attitudes. We know that the prosecution in the Harold Fish case effectively used Fish's use of 10mm JHP ammunition to help negatively color the thinking of at least some jurors. There are some good reasons to believe that the use of handloaded ammunition for self defense and the use of a gun with a safety device disabled (these topics have been discussed at length on this and other boards) could be effectively used by a prosecutor to negatively dispose jurors toward the defendant. But when we start talking about the ammunition in your closet, the connection starts to become more tenuous. Most of these sorts of factors are cumulative with others. So whether having a bunch of ammunition can make you look bad to a jury will be influenced by how it pairs with other aspects of your lifestyle. For example, if you are generally a regular guy with a good job and having what most people would consider normal social associations and interactions, and if you go shooting on a regular basis (and especially in competition), thus explaining your keeping ammunition on hand, I doubt that a prosecutor would be able to get a jury very worked up about it. So it probably wouldn't even come up. But then again, if you're in the habit of going around the mall wearing urban camo BDU, you drive an old beat up Bronco with militia stickers, off road light bars, and mounting racks for jerry cans of extra gas, belong to the local EOTWAWKI group, etc., your ammunition stockpile will be just one more personal characteristic that a jury might find hard to swallow. Last edited by Frank Ettin; November 24, 2009 at 12:57 AM. |
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November 24, 2009, 05:26 AM | #185 |
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Actually, FIDDLETOWN, I didn't post ANYTHING that's not CLEARLY DEFINED in FLORIDA (not liberal California) Law. I have sec.790 right here- In Fl, if one is faced with the danger of death or great bodily harm, DEADLY FORCE IS ACCEPTABLE!!!!!!! "Dead men don't tell no lies" is a pretty common phrase I've heard for decades from NRA instructors, LEO's, It basically means, to me, that if you have to use a gun to protect your life and shoot someone in your home, you're less likely to be sued by the perp, or have him concoct a "story" about why he was in your 3 year old daughter's room. In Fl law, it says that even displaying a firearm is using deadly force. I just dont think "shooting to stop" is as legally justifiable as "Shoot to kill". I just gave my opinion. OH wait till the jury reads that! Just for the record- Aren't bullets designed to, eh, KILL? Let me know where I can buy some "non-lethal" .45ACP's ok?? Yall' prolly got all kinds a non-killin guns in cal-i-for-ni-a. Us hillbillies must have super-guns, cause even the lowly .22lr can kill here in the southeast.
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November 24, 2009, 07:23 AM | #186 | ||||||||
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Deadly force is generally defined as physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury, or force which could reasonably be expected to cause death or grave bodily harm. It is likely that shot fired at any human being would constitute deadly force. However, some 75% to 80% of persons shot with firearms do survive. Some do not. Where you get into trouble is when you shoot when it is not immediately necessary, and that includes shooting after the threat has dissipated--shooting to kill, now, rather than to stop--as in the case of the Oklahoma pharmacist referred to by Fiddletown. Thus, in saying "shoot to kill" you did post something not defined in the law. Evidence pertaining to state of mind can become crucial to your fate if there is any question, whether the perp expires or survives. Quote:
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That's the substance of many of the posts on this thread. Read through them. Here are a couple of sound bites from one in particular (JohnKSa post # 108). Quote:
Since you brought it up, deadly force against someone engaged in a forcible unlawful home invasion is just as lawful in California as it is in Florida, but with less coverage for a burglary per se; there's no duty to retreat inside the home; and murder is just as serious a crime in Florida as it is in California. Just for fun, here's excerpt from "myths" section of The Cornered Cat": Quote:
http://www.corneredcat.com/ |
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November 24, 2009, 07:56 AM | #187 |
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Marsksman, i think we may have had a miscommunication. I assume shoot to kill to mean that if I'm literally forced to defend myself by shooting another human being, I'm going for the vitals, not trying to "knick them". I would never ever suggest or imply shooting someone without justification or after the danger has been neutralized. I just hear a lot of people at shooting classes and SD seminars ask about shooting people in the leg, arm, etc. Under your definition of shoot to stop, I'm entirely in agreement with you
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November 24, 2009, 08:15 AM | #188 |
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While no doubt firearms enthusiasts, which includes me, pick up some bad ideas and unrealistic expectations from motion pictures, so do those on the other side of the aisle. I believe that some people, somehow, think that it is possible to shoot the gun out of the other person's hand or that there is something trivial called a "flesh wound."
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November 24, 2009, 08:28 AM | #189 |
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I admit that I did not read all the previous posts on this thread so forgive me if this is a duplication.
I completely understand what the premise of the discussion is. As armed citizens, we must always keep in the forefront of our mind that when we utilize our guns for self defense, are intent is to stop the threat (attacker). We neither shoot to kill nor shoot to wound...we shoot to stop the attacker. The reality of the real world is that we practice center mass. As one previous post said, "How many versions of the story do you want to hear? One or two?" As realist we know if we shot someone in our kitchen that just broke in thru the skylight and that person was coming at us in a threatening manner with a kitchen knife in his hand, we are going to get sued. If he lives, he is going to sue us. If he dies, his family is going to sue us. Which testimony is a juror going to give the most credence to; you, the homeowner who defended his family or the family member of the BG who says the attacker was just misguided and was really a good person? I would rather face the family than the intruder. The intruder might say, if he were alive, something like, "Gee, I was really drunk and I fell thru this skylight. I was right next to the refrigerator and was hungry so I made myself a sandwich but needed a knife to cut it. This maniac came out of no where and just shot me saying he was going to kill me. He's insane and should be put away where he won't hurt anyone else ever again." The possibilities are endless. And think of the torment you and your family will be put through as you defend your actions. Yup, you can surmise my idea of neutralizing the threat.
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November 24, 2009, 08:36 AM | #190 | |
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Shooting to wound is right in there with warning shots--but I know otherwise intelligent people who will suggest one or the other. The problem is that miscommunication can lead others down the wrong path or create a misleading impression about one's own intentions. Your clarification here may have some later value--perhaps. Let's hope the subject never comes up. Shooting someone lawfully and having it judged as such is one of the last things I ever want to do, regardless of how smoothly the aftermath unfolds. The only things that would be worse are losing my family or getting killed or seriously injured, injuring or killing an innocent, or having my necessary action determined to have been unlawful. |
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November 24, 2009, 08:42 AM | #191 | |
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Heck, the Masked Man seemed to do that all the time, sometimes shooting from the hip and sometimes at a distance while on horseback! And if you look carefully, you'll notice that he didn't even have front sights--his 5 1/2 inch SAA revolvers had been cut down from 7 1/2 inch guns by the studio. And how did the good guy always recover fully in less than half an hour from those "flesh wounds" right in the shoulder? |
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November 24, 2009, 09:02 AM | #192 | ||||||
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And I think we're now back to the old issue of what one posts. What is it about Fiddletown's earlier comment (and similar advice appearing often in this forum, even several times in this thread alone) that invites people to elect to not heed it? Quote:
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November 24, 2009, 10:43 AM | #193 |
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There was a case last year here in FL where a man who had a concealed permit was put on probation (suspending his permit). He was in a convenience store and witnessed a BG beating the clerk furiously with a bottle. The customer went to his truck, got his .40, and shot the BG twice- doubletap to the center mass. I'm 99% sure the guy who defended the clerk was never even put into handcuffs. My point is- he neutralized a violent threat using his right to bear arms. I don't claim to know what was going through his mind, but I'm sure his goal was to stop the attack. I know that there are people on forums and at gun shows who really can't wait to shoot someone, but for the most part, I think people are just tired of being victimized. I do believe people should THOROUGHLY read and learn the laws in their state of residence, as well as BATF laws. Owning (and especially carrying) a gun is a huge responsibility. But, as citizens we are responsible for how we defend ourselves, it's only a LEO's job to arrest the guy after he murders your family.
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November 24, 2009, 12:16 PM | #194 | |
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It's a good thread. You should read it. pax |
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November 24, 2009, 12:51 PM | #195 | ||||||||||
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November 24, 2009, 03:51 PM | #196 |
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It's all good, sir. I misunderstood ya. Everyone here has thick enough skin, though. i do have utter faith in johnKSa. he always words things just perfectly
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November 24, 2009, 07:59 PM | #197 | |
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November 24, 2009, 08:22 PM | #198 | ||
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Well we have here an 8 page thread describing the difference multiple times, in detail. |
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November 24, 2009, 08:29 PM | #199 | |
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November 24, 2009, 08:46 PM | #200 |
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well, once again to all- I'm formally apologizing for my part of the misuderstanding of this thread. I think it was early in the morning, and I was waiting on my coffee Once I Re-read the entirety of the thread, I realized I was misunderstanding the terminology. I have been wrong AND misunderstood before... Peace and Love yall!! LOL
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