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Old July 26, 2011, 09:06 AM   #70
zincwarrior
Senior Member
 
Join Date: July 1, 2011
Location: Texas, land of Tex-Mex
Posts: 1,232
Quote:
Quote:
It can there is no doubt. One punch can knock you out. One punch can feel like a fly bite. You never know unless it happens. However, in most states responding to threats or simple assault with a gun will get you locked up.

In NC try shooting someone because they busted your nose. They will lock you under the jail.

Let's try keeping this discussion realistic and intelligent. That statement is neither.

So in NC I have to actually have someone cause me great bodily harm before defense is justified? What's to say someone will stop at a "busted nose?" A "busted nose" done in certain ways can be very bad or even fatal. It can mean a lifetime of disfigurement. Many operations. That's known as great bodily harm.

My understanding is "fear of great bodily harm or death." At least that's the way it works in my state.
It should be remembered though that the difficulty here is that you're going to affirmatively defend the argument that you had a reasonable fear of great bodily harm or death. When you draw/use you've committed a crime and now have to affirmatively prove you had a valid defense to that crime.

Assuming the jury is going to find you had a reasonable fear in light of circumstances can be difficult. Its a fact case with a high standard. Someone shouting at you, in light of a courtroom and not the actual scene of the event can be similar to the second guessing often seen by police officers.

Does a jury see it as: Grandpa drawing after giving warnings because BG was advancing in crazy fashion, and this is verified by bystanders who can attest that the BG looked like he was: 1) about to kill the grandpa; and 2) appeared that he actually had the ability to do so.

Or does a jury see it as: Joe Blow pullls a gun and starts waiving it about because John Smith gave him the finger and shouted at him?

I am not saying drawing is right or drawing is wrong. I'm saying drawing is a potentially life changing event for everyone involved and needs to be treated as such.
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