Quote:
Originally Posted by Wise_A
While I agree with the application of the reasonable person standard to the situation, I believe it is ultimately irrelevant. Even if it were proven that the armed citizen in question knew the (presumably deceased) attacker's pistol was jammed out of battery, it still meets all the requirements for an "immediate, imminent threat".
In other words, the winner's innocence shouldn't hinge on the loser's incompetence.  |
This would be similar to someone pointing a 1911-style pistol at you with the hammer down. There can't be any reasonable expectation for an average citizen to understand the condition of a gun pointed at him/her.