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TonsofOregonBrass · July 10, 2009, 03:00 PM

Here is a theoretical situation that I would like to know the legal ramifications to.

There is an attacker who is determined to fight you with a NON-disparity of force. You are armed, the attacker is not. You have retreated as far as you can. If you stand up and fight there is a high chance the attacker can get your weapon.

I am sure this depends on the state, but if you were to draw your weapon, would you then be brandishing? And if after drawing the attacker is still coming at you, what legal grounds would you have to fire if any?
Would the firearm being present be a disparity of force? Would it be viewed as escalating the situation?

I have been thinking about this for a while and although I am pretty good at researching the internet and using the search function here, I have not been able to find any cases where this has happened.

I am not looking for a “this is what I would do in that situation”, that is for another section of this site. I am looking for how this would most likely play out in court. I have only been to court for traffic tickets, nothing else. And as much as I would like to believe Law and Order is how things happen, I am fairly sure it is not what would happen.

July 10, 2009, 03:00 PM	#1
TonsofOregonBrass Member Join Date: March 10, 2009 Posts: 39	NON disparity of force Here is a theoretical situation that I would like to know the legal ramifications to. There is an attacker who is determined to fight you with a NON-disparity of force. You are armed, the attacker is not. You have retreated as far as you can. If you stand up and fight there is a high chance the attacker can get your weapon. I am sure this depends on the state, but if you were to draw your weapon, would you then be brandishing? And if after drawing the attacker is still coming at you, what legal grounds would you have to fire if any? Would the firearm being present be a disparity of force? Would it be viewed as escalating the situation? I have been thinking about this for a while and although I am pretty good at researching the internet and using the search function here, I have not been able to find any cases where this has happened. I am not looking for a “this is what I would do in that situation”, that is for another section of this site. I am looking for how this would most likely play out in court. I have only been to court for traffic tickets, nothing else. And as much as I would like to believe Law and Order is how things happen, I am fairly sure it is not what would happen.