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12-15-2010, 10:59 PM
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When to use deadly force
Is there a book or DVD that shows real cases of when to use and when not to use deadly force with a firearm? I know that things have to be pretty bad before you can pull your side arm out for self defense. I read all I can in gun mag's and what not but that only covers a bit. The Ayoob Files mostly which I really enjoy.
I'm 6' 4" and 265 lbs, if someone who is 5' 6", 185 lbs and starts a fight and is about to beat me to a pulp, I best let it happen because most jurors will say that I was a big guy and should have been able to defend myself. If the guy had a pipe and was beating me then maybe, maybe I would be in the right to use deadly force but I'd have to prove he intended to kill me. If someone pulled a knife then things get more in my favor. If a gun is pulled on me first then I know that it is just fine to use deadly force and I'd be ok.
there must be thousands of cases to read, I'd be interested in knowing where to get this info. During firearm training they only lightly touched the issue. I mostly want a book so I can advise my wife.
BTW, I'm getting her a laser light for her 9mm SWM&P for Christmas.
Joe
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12-15-2010, 11:28 PM
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Forget about the book or DVD until you have a clear understanding of the laws in the jurisdiction(s) in which you live/travel or otherwise find yourself.
Deadly force use is quite difficult/impossible to quantify. Generally speaking, however, one may use deadly force when one is threatened with IMMINENT death or serious bodily harm. Some jurisdictions have "castle doctrines" which are far more liberal in allowing deadly force.
Be safe.
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12-15-2010, 11:30 PM
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It's called Disparity of Force.
We have to know when and how much force to respond with.
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12-15-2010, 11:41 PM
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If you are afraid that you are going to be seriously hurt or killed, you use deadly force. It's better to be prosecuted than dead or maimed. Most parts of the country understand this. I won't live, and try not to visit, in the parts that don't.
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12-15-2010, 11:43 PM
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Quote:
Originally Posted by JOERM
I'm 6' 4" and 265 lbs, if someone who is 5' 6", 185 lbs and starts a fight and is about to beat me to a pulp, I best let it happen because most jurors will say that I was a big guy and should have been able to defend myself. If the guy had a pipe and was beating me then maybe, maybe I would be in the right to use deadly force but I'd have to prove he intended to kill me. If someone pulled a knife then things get more in my favor. If a gun is pulled on me first then I know that it is just fine to use deadly force and I'd be ok.
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- Deadly force is deadly force, be it club, knife, gun or flamethrower.
- You don't need to prove that he intended to kill you. The only way to do that is to LET him kill you. You need to prove that a reasonable person would BELIEVE that he intended to kill you. It's called the "reasonable man" test. By ANY reasonable standard, being beaten with a pipe would put anyone in fear of life and limb.
- Even if he's unarmed, if the correlation of size, strength, training, and numbers of an attacker or attackers would to a reasonable person, put you in immediate danger of life and limb, that justifies deadly force. A five year old with a pinwheel? No. A 120lb. man with a baseball bat? Yes. A 120lb. man on crutches with an axe? No. A 250lb. prison weightlifter with his bare hands? Probably.
State or local law may require you to ATTEMPT to retreat. In most cases, that does NOT mean you have to turn your back on your opponent and run. It means that you may not escalate the conflict, and must attempt to WITHDRAW. In Ohio, outside of your home or vehicle, you must attempt to retreat if you can do so IN PERFECT SAFETY. You do NOT have to incur ANY risk in order to protect your ASSAILANT from harm. You just need to make a reasonable attempt to leave. If he PREVENTS you from leaving, shame on him.
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12-15-2010, 11:57 PM
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With me I am either going to be fighting for my life, or walking off. I am not going to be secound guessing the situation. If I am honestly fighting for my life I will not be thinking about the legalites of it. In fact I might go as far to suggest that if you are weighing out the legalitys in a situation, it might suggest to me, that we are weighing out the odds that we can legaly bag someone?
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12-16-2010, 12:15 AM
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Learn the laws of your state and how they apply.
Then learn the laws of the states you maybe in and how they apply.
And always learn the moral obglations of the Use of Deadly Force.
I live in Texas and we have the "He Needed Killin'" Statute.
Rule 303
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12-16-2010, 12:24 AM
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short answer ... any time ya wanna use it ... but most of the time you'll pay for it.
I dont think there will ever be a standard guide that would do for study. Not even within a state would a dvd or book give you an absolute as county and city level regulations can jam you up.
but as FM stated if your fighting for your life the last thing you'll be doing is reviewing the law .. cause the first thing you should be doing is fighting or evading.
If your situation allows time for such thought you are wasting time.
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it just needs more voltage
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12-16-2010, 12:24 AM
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A visit with an firearms instructor in your area may be helpful. Additional visits with those familiar with your state statutues will also be helpful.
Case law in your state will help but each case is unique and will serve as a guideline.
I agree the more you know the better you are able to defend yourself or members of your family.
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12-16-2010, 12:25 AM
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You asked for suggested reading material on the subject; my recommendation is to start with the books, pamphlets and articles in gun mags written by Mas Ayoob. When you start the books get the earliest published and then read them in the order they were published. Amazon.com is your friend in doing this. Then to cap off your study of 'deadly force' and its related areas of law find and take a couple of self-defense classes from Mas. You will be much better equipped to handle self defense situations than 90% of the populace. ...... Big Cholla
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12-16-2010, 12:41 AM
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I just went back to the OP and found that you are in Washington State. One instructor that seems to have a great balance in the instructional presentation between self defense 'shoot/no shoot' instruction and actual shooting skills is Greg Hamilton, owner and chief instructor of; InSights Training Center, LLC.,PO Box 3585, Bellevue, WA 98009
He was one of the instructors in a Police Tactical Instructor's course I took. I was very impressed with his knowledge and presentation.
When you have learned all of the law and want to concentrate on the martial arts skills of handling your self defense gun, I recommend Thunder Ranch, Clint Smith, near Lakeview, Oregon. ......... Big Cholla
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12-16-2010, 01:20 AM
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[QUOTE=Big Cholla;135734876]I just went back to the OP and found that you are in Washington State. One instructor that seems to have a great balance in the instructional presentation between self defense 'shoot/no shoot' instruction and actual shooting skills is Greg Hamilton, owner and chief instructor of; InSights Training Center, LLC.,PO Box 3585, Bellevue, WA 98009
Well thank you much Big Cholla, I will contact Mr. Hamilton soon. This is a great site. Joe
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12-16-2010, 01:22 AM
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Before you seek training, read this.
It will cover much of what you seek.
Training is great. But this info is free.
Chapter 9A.16 RCW: Defenses
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12-16-2010, 03:31 AM
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Quote:
Originally Posted by JOERM
I mostly want a book so I can advise my wife.
Joe
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Paxton Quigley has written multiple books for women. Maybe your wife would enjoy reading a few. I have.
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12-16-2010, 07:52 AM
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A classy county prosecutor who is now a judge taught the use of force/deadly force section of the carry permit class I help teach. He said that the use of deadly force is justified when a reasonable and innocent person thinks that he or she will not see their next birthday and can articulate ( don't you love the way attorneys talk ) the reason they did what they did. Nice shorthand explanation of a complex issue.
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12-16-2010, 09:12 PM
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Quote:
Originally Posted by Kanewpadle
Before you seek training, read this.
It will cover much of what you seek.
Training is great. But this info is free.
Chapter 9A.16 RCW: Defenses
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Wow, that's great, had no idea that something like that was available. I would guess every state would have such a website. Thanks Kanewpadle.
Joe
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12-16-2010, 09:52 PM
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There is also a book available.
Washington State Gun Rights & Responsibilities.
Written by Dave Workman
It explains concealed carry laws in layman terms.
You can find it at most gunshops.
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12-17-2010, 09:26 AM
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lawyers language & layman's terms
I am married to a lawyer. Something to remember: Only a lawyer can interpret & explain the law. I've been in a couple of classes where a lawyer attended and explained the local ordinances & federal law, not the instructor. Yes , I read the "layman's" explanation & the code, but I've learned to pick things apart & there is always another way to interpret what you are reading.
So, I caution, anyone that explains the law & is not a lawyer familiar with the codes, might be getting you into trouble.
Do you see the doctor, or the receptionists?
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12-17-2010, 09:53 AM
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Quote:
Originally Posted by Kanewpadle
Before you seek training, read this.
It will cover much of what you seek.
Training is great. But this info is free.
Chapter 9A.16 RCW: Defenses
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Anyone know where I can find the Pennsylvania version of this?
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12-17-2010, 01:31 PM
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This is from Handgunlaw.US
Deadly Force Laws
Pennsylvania Consolidated Statutes Crimes and Offenses(TITLE 18) Part I. Preliminary Provisions Chapter 5. General Principles of Justification
§ 501. Definitions.
§ 502. Justification a defense.
§ 503. Justification generally.
§ 504. Execution of public duty.
§ 505. Use of force in self-protection.
§ 506. Use of force for the protection of other persons.
§ 507. Use of force for the protection of property.
§ 508. Use of force in law enforcement.
§ 509. Use of force by persons with special responsibility for care, discipline or safety of others.
§ 510. Justification in property crimes.
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12-17-2010, 01:52 PM
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In Louisiana the Dept of Public Safety ad Corrections publish a hand book with the Laws, Rules and Statutes which is used in the CCW classes. May be so in other states.
Steve W
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12-17-2010, 02:01 PM
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12-17-2010, 05:56 PM
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I go by the "as long as they have a weapon" rule,if they don't I will OC,ball kick,beat or in some fashion make them want to get the hell away from me.
Now if they have a gun,knife,club,hunk of pipe,bow etc. ok,fine,it's open season on yer butt.
If you're a sixty plus year old guy,a woman or the guy is seven feet tall and it's rather obvious that they can do you lethal harm with their bare hands and they have every intention of doing so in a hurry-probably can shoot them with a little fuss after (court,lawyers and all that)
I like to keep it on the down low until a weapon shows up,makes it so much easier for me to get away with killing the fool.
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