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Old June 12, 2008, 10:06 AM   #25
Samurai
Senior Member
 
Join Date: November 20, 2001
Location: Knoxville, TN
Posts: 901
divemedic,

I'm not saying that what you did (hiding in the street, armed, waiting on the gang-bangers to return) wasn't "tactically" smart. I'm simply saying that it was illegal. In this country, it is illegal to "lay in wait" for someone. And, by hiding in the cars on the street, armed, intent on shooting at the gang-bangers if they returned to shoot at you, you broke the law.

The old-world legal theory behind the "lay in wait" prohibition is that you should not go looking for a fight. If you know trouble is coming, you're supposed to leave the area, if you can, and alert the authorities.

I understand, it's your home, and you shouldn't have to leave. But, by going out into the street, armed, and hiding and waiting for the guys to come back, you went looking for trouble. And, when trouble came, you ran up to them and pointed a gun at them. In other words, you ran up to a parked car so that you could use deadly force against a car full of people. Although you may have feared that the people in the car might have "eventually" opened fire on you, resulting in "eventual" harm, you clearly were not in fear of "imminent" death or serious bodily injury, or you would have either run away, or shot them. Because you believed you could "take them alive," and you tried to do so, you were unjustified in doing what you did.

Sorry, that's just the facts. Having a CCL doesn't give you an outright license to "enforce" the law. It only gives you the right to shoot people who are presently trying to shoot you.
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Last edited by Samurai; June 12, 2008 at 11:03 AM.
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