What the law really means to us

Delos

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The Tueler Drill, or 21 foot rule, has no legal standing that I am aware of. If anyone knows of any "Case Law" involved here please let me know.

So lets review. Say a police trainer is telling policemen that they need to be prepared before barging in on that drug lab bust, or a call where weapons were in use. A policeman, doing the job he is required to do, has almost no "brandishing a weapon" law to worry about. He is more concerned about not having the tools of his trade available when he knows they will be needed. A policeman must respond to the incident, or call for help then respond.

A private citizen can walk or run away from a crime in progress. Even just standing in the area with a gun in your hand, when police arrive, can cause confusion. (Yes, with cell phones people no longer run for phone booths - they often become cell phone zombies - or detached spectators watching a movie).

When a private person must defend himself, or decides he should defend a third person, there are rules and laws involved. A radical extreme example would be someone who shoots an attacker, attacker falls limp on the floor, and the defender is still shooting or still kicking him when police arrive. Then minimum necessary force laws come into play. (Lots of other extremes to discuss - like the bar-room chatter about "stand you ground laws").

When some firearms trainer trains average citizens, using the same words he would use to train a police class, he might be mixing-up an important issue. It is often a policeman's job to go into a violent confusing situation with his gun drawn, or his hand on his holstered handgun , or sometimes guns blazing, or stun guns zapping.

At one time the basic private person concealed weapon advice was "do not let anyone even see your gun unless "your life is in imminent danger". Lately with the stand your ground laws (long overdue - people were being told to run out back doors even into bad weather because someone was breaking in the front) so things are going through opinion readjustments.

My opinion is that nothing has changed except you no longer need to hide in bathroom or run out back door in places like California. You are no longer required to prove you took evasive action.

You can defend yourself or another person but the threat must be so obvious that you can convince a jury you were doing what a logical person would do in that situation.

If anyone wishes to debate I hope some retired policemen here will jump in and help give logic to a subject that is often distorted. Lawyers and prosecutors invited.

Input on the Reasonable Person Law, or Reasonable Man Doctrine or however stated is welcome.

(sites like this are nice)
California Self-Defense Laws

And yes this might be helpful in picking a holster. Check the crimes in your area. If someone in a bus station bathroom, has been using his shoulder to push someone who is using a urinal, against the urinal, while picking his pocket - that might be a different holster and conversation.
 
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"You can defend yourself or another person but the threat must be so obvious that you can convince a jury you were doing what a logical person would do in that situation. "

Actually, the law states differently in FL. There must be evidence that it was not justified.

776.032
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
 
I don't think that there was a question. :confused:

I can tell you from the viewpoint of a firearms instructor, that I don't use the same syllabus with "average citizens" as I do with Law Enforcement Officers.
 
Waste a little of your time and read this. It is an interview with Tueller conducted 25 years after the initial dissertation. I believe his initial study was done in fact for a case to establish the "danger zone" in a personal assault case.

I hope Mas Ayoob see's this and comments.

The Tueller Drill Revisited
 
First time I ever heard Tueller Drill referred to as "21ft rule" was on internet. It was just a drill (and had no implication of some restriction) to show us not to take distance for granted. It was also used to demonstrate that when I was ordered down on the floor by a kidnapper, I could get up and lay hands on the threat before he could turn and fire if his attention was diverted(by flashbang, gunfire, etc.).
Jlrhiner: Thanks for the link! Good one.
 
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First time I ever heard Tueller Drill referred to as "21ft rule" was on internet. It was just a drill (and had no implication of some restriction) to show us not to take distance for granted.
Amen. The way Mas Ayoob taught the drill to me and many others was not only a demonstration of how quickly a person with a knife could cut you, in relation to how fast you could fire your gun. It was also a drill that each student had gone through, which formed part of his knowledge available to aid in decision-making. In many (or most or all?) cases, this was information that might be legally relevant, and could not only be testified to, it could even be suggested to the jury that they try it out themselves and see for themselves what the truth might be. In many cases, priceless.

Note that this NOT a 21-foot "rule.'" You can try it out at 21 feet, if you want, and see what the results are. My experience tells me to draw sooner, with intention to shoot if necessary. It tells me some other things, too, like moving and getting something between me and the perp, if possible.

Remember, however, that most knife attacks are not announced at 21 feet, or 10 feet. They are usually announced by an attempt to cut you again after you notice you've already been cut or maybe stabbed once or twice.

Anyone who thinks that a gun trumps a knife needs to talk to a big-city cop, or find some other method of learning the same as he would that way.

A gun does NOT solve all your problems. It's just one more tool which is useful enough to justify carrying it.
 
What exactly is your question?

MaxLawman,

Dang'd if I know..........


.
But to the OP,

I might not let someone that's trying to kill or seriously injure me to get inside 21'

After the threat is over........I wouldn't be shootin or kickin it.......

If I were in a situation or otherwise referred to a difficulty in some jurisdictions.

I'd be calling for the perp an ambulance, or both of us an ambulance and
a state police detective or two for the investigation.

I would make all statements through my attorney.

Even though I work for the DA's office.



.
 
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Thank you

Waste a little of your time and read this. It is an interview with Tueller conducted 25 years after the initial dissertation. I believe his initial study was done in fact for a case to establish the "danger zone" in a personal assault case.

I hope Mas Ayoob see's this and comments.

The Tueller Drill Revisited

Good article. I read it, bookmarked it, and will check again as time convenient.
 
Question intent

What exactly is your question?


Some of us remember the attorney, about 20 years ago, that was being shot at and he dodged back and forth behind a tree and was unharmed. The TV news showed it often. Nowadays if he had a gun, and the usual training, and stood his ground, he would likely be dead.

A jury knows that a policeman is on a crime scene because he was called to that crime scene or serious problem. Or he was on patrol because it is his job. The policeman is legally justified to be where he is.

Nothing is more pathetic than listening to a young man explain, or try to justify why he did something that no reasonable person would have done.

And that needs to be taught also.

So again I am fishing for Legal training mistakes, and physical training mistakes and/or recommendations.
Legal being the mistake of talking to civilians like they were policemen.
Physical being - they should be telling them over and over to take evasive action.
And what else?
 
The only thing that really matters is how the judge/jury perceives the event.

A long time ago my father and I discussed guns and knives. He saw a knife fight in the Philippines many years earlier. He said he would rather be shot than stabbed or slashed.

If anybody doubts the validity of the 21 foot "rule" I urge you to do your own test and see for yourself.

I have been cut twice because I let someone get too close to me. And I have two scars to remember it by. Never again.

When I was much younger I could run 100 yards in just under 10 seconds. I can't do that now but I know I can cover 21 feet before the average concealed carrier can draw and hit me with at least one well placed shot. Preferably two or more.

It ain't rocket science. It's a matter of life and death which requires common sense.
 
where I am going

The only thing that really matters is how the judge/jury perceives the event.

A long time ago my father and I discussed guns and knives. He saw a knife fight in the Philippines many years earlier. He said he would rather be shot than stabbed or slashed.

If anybody doubts the validity of the 21 foot "rule" I urge you to do your own test and see for yourself.

I have been cut twice because I let someone get too close to me. And I have two scars to remember it by. Never again.

When I was much younger I could run 100 yards in just under 10 seconds. I can't do that now but I know I can cover 21 feet before the average concealed carrier can draw and hit me with at least one well placed shot. Preferably two or more.

It ain't rocket science. It's a matter of life and death which requires common sense.


Okay, I am reading/opining that the Tueller Drill was written by an expert and so can be used, by average citizen, in court as an expert witness could be used.

It only involves distance of the threat. All other standards of existing law remain. Weapon must be seen as if to be used and all that.

All we have done it move the old statements a bit closer. A person across the street says he is going to hit you with a baseball bat, but he has no baseball bat in his possession is not making a "threat with a deadly weapon".

A person perhaps half way across the street with a baseball bat, walking toward you saying he is going to hit you with that baseball bat - is a threat with a deadly weapon.

A person with no weapon, walking quickly toward another private citizen, making no threats, has done nothing yet and if frightened a person should take evasive action and ask questions. Or jump in vehicle and leave. If no vehicle the frightened citizen should walk perpendicular to the others direction, to see if he changes direction and stays focused on him.
(awful iffy stuff for the shoot - no shoot instructor - 21 feet not as important)

Obviously a policeman, called to a complaint, can give angry looking suspects instructions, can question, can arrest, or do whatever needs to be done as resistance or evidence is revealed. He obviously can display a weapon as needed at his discretion.
 
Sorry, we were both typing at the same time. You answered my question.

I don't think we disagree on this, as it applies to both Citizens and LEO's.
 
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Okay, I am reading/opining that the Tueller Drill was written by an expert and so can be used, by average citizen, in court as an expert witness could be used.

It only involves distance of the threat. All other standards of existing law remain. Weapon must be seen as if to be used and all that.

All we have done it move the old statements a bit closer. A person across the street says he is going to hit you with a baseball bat, but he has no baseball bat in his possession is not making a "threat with a deadly weapon".

A person perhaps half way across the street with a baseball bat, walking toward you saying he is going to hit you with that baseball bat - is a threat with a deadly weapon.

A person with no weapon, walking quickly toward another private citizen, making no threats, has done nothing yet and if frightened a person should take evasive action and ask questions. Or jump in vehicle and leave. If no vehicle the frightened citizen should walk perpendicular to the others direction, to see if he changes direction and stays focused on him.
(awful iffy stuff for the shoot - no shoot instructor - 21 feet not as important)

Obviously a policeman, called to a complaint, can give angry looking suspects instructions, can question, can arrest, or do whatever needs to be done as resistance or evidence is revealed. He obviously can display a weapon as needed at his discretion.

In some states you are required to evade and others you can stand your ground. Check your local laws.

Most encounters happen at arms reach. Situational awareness can prevent some situations.

The fact is, god forbid the situation arise that you need to defend yourself, if you have prepared yourself you will know when and when not to shoot.

"What if's" and "scenarios" have been discussed at length on many a gun forum. I personally don't worry about it.

Keep asking questions. Know your local laws. Get quality training and practice when you can. Prepare yourself mentally. Everything else will fall into place.
 
Thanks again

Thanks all. I was previously debating with a guy that I was sure was wrong.

Unfortunately I did not have all the information needed to make a really good argument.

There is always going to be a gray area. Without sounding like you are selling pocket pistols that do not jam when fired from inside a pocket….. It is hard to tell someone less healthy that they really need to wait until very last seconds. And need to improve greeting skills.

People really need a way to wait until they are sure of the situation. I have tried six different kinds of martial arts and lifted weights, and have no way to relate to people that I am sure are going to end up in court from insecure hasty actions.

I will get back to worrying about my guns and other hobbies now. They only go where I take them.

Always walk a mile in your enemies shoes. Then you're a mile away and you have his shoes.
 
It was first

taught to me by John Farnam in about 86/87. Ayoob has used it for many years too.

I believe the Calibre Press video has been used in court, but have no cites. Check with Denny if he is still around, or Farnam or Ayoob.
 
Case Law established yet?

taught to me by John Farnam in about 86/87. Ayoob has used it for many years too.

I believe the Calibre Press video has been used in court, but have no cites. Check with Denny if he is still around, or Farnam or Ayoob.


It would be nice to know if there has been any "case law" established on this subject.
 
It would be nice to know if there has been any "case law" established on this subject.

The LAST thing we need is case law establishing a "21 foot rule." What if you shoot and the armed guy was 22 feet away when the attack started? Crime Scene Techs measure it out and the lawyers have a field day because you shot someone outside the danger zone. Someone's threatening you or your loved ones safety, the adrenaline is pumping, can you accurately gauge 21 feet?
 
To me, I dont know why all these senerios are so hard and "brainstormed".
Either I have to defend myself or I dont. If I do I aint going to be worrying about the legalitys of the matter. I will be worring about it if at all, after saveing my own life. Whats the alternative? Gee he`s fixing on shooting me. I wonder if I am going to get in trouble for saveing my life? Will this go on my record? Whats the old saying? I would rather be judged by 12 than carried by six!
 
Do police actually have a duty to PROTECT you

Interestingly, someone told me recently that a police officer legally has no obligation to protect you. Only to enforce the law. Interesting if true. How about it you LE forum members, is there any truth to that?
 
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