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Violent flash mobs

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bullit:
Totality of the circumstances...

unfy:

--- Quote from: Dan ---Can we agree that this is not really what the statutes state?

--- End quote ---

re: 28-1409 (b) -- retreating / required

Well, I'm inclined to disagree.  The language seems quite clear on "not justified" and "nor justified". 

I'll have my boss read the statutes, and then present him with the question in as fair / balanced / impartial way I can (ie: in its raw / base form with no coaching).  He's not a lawyer, but we did just recently win the Bankshot Supreme Court case ... of which he was heavily involved in nearly all aspects of the legal stuff.  So I tend to trust his opinion on such things >:D.

One thing to note, when I got my concealed permit a year ago ... he was of the opinion that if a home self-defense case ever made it to the surpreme court, they'd be forced to rule with the home owner (thus striking down the anti-castle portion of state law and paving away for a castle law to be written to clear things up).

re: 28-1410

While I do see that it allows for samaritan stuff....

I can see 28-1414 (2) and (3) being used to make your justification of force pointless when the other person is a complete stranger.  This also plays with "knowing" and flash mob stuff, etc.


There is also the fact that criminal law is to be read strictly as is with not being construed.  Especially into absurdity.  Definition of absurdity is a tad difficult to find when it comes to firearms sadly :(.

unfy:
addenum:

if 28-1409 4.B doesn't require retreating.... then I'm also not required to surrender an item ?  I can kill a mugger or home robber ?


edit: wording changed from 'home invader' to 'home robber' to be specific it's about theft.

Dan W:
Can't "kill" anyone. It's called self defense.

Does the mugger or home robber  assert a claim of right thereto your property?

And don't forget there are many levels of the use of force, and deadly force can only be used to  protect oneself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat. 

The use of force against a robber is allowed but not necessarily deadly force

SemperFiGuy:
Not required to retreat:

1)   While in your home, nor

2)   At your place of work  (unless you provoked the fracas at work in the first place.)

The above information can be coupled with the three situations where lethal force may be lawfully used:

1)   Fear of death or great bodily harm.

2)   Kidnapping.

3)   Sexual assault.

Like DanW sez, you don't ever want to kill anyone.    You simply want to stop the attack.

sfg

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