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Old November 19, 2012, 10:05 AM   #125
OldMarksman
Senior Member
 
Join Date: June 8, 2008
Posts: 1,986
Quote:
Posted by youngunz4life: The man committed an assault on this woman and child;
Do you have a legal basis for that assertion?

But it wouldn't matter, not one iota; the question is, is there evidence supporting a reasonable belief that unlawtul force was presently threatened.

From the standpoint of whether she was lawfully justified, that's it. Period.

In Post #111, I did suggest two other reasons why she may not be charged with a serious crime, and I have repeatedly said that I so not believe she will be.

Quote:
if caught he can face the possibility of being a registered sex-offender for life.
That is completely irrelevant to the question of justification.

Quote:
You almost never hear about it [(persons being charged with the unlawful exhibition of of firearms)] unless the reason was egregious: man doing it because he wants to frighten off someone flirting with his girlfriend, roadrage, etc. The charge is also tacked on when the cops want to throw the book at an idiot with as much as they can. In a situation like this, it wouldn't even be an issue.
Don't believe it for a minute. We have seen law abiding persons who have been convicted and who have lost their right to possess firearms for life for pointing a gun at a trepassers on their own property, in "gun friendly" juridictions; we have had persons who were initially treated as heroes charged for pointing guns at persons they erroneously thought to have been burglars; Florida imposes a long mandatory prison sentence when firearm is pointed when there is not evidence of the justification of deadly force, even though pointing the gun does not constitute deadly force per se, and we know of examples.

Do not draw you weapon unless you have an immediate reason that would stand up to legal investigation, or be prepared to lose it for life.
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