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Old September 12, 2005, 04:46 PM   #9
leadcounsel
Junior member
 
Join Date: September 8, 2005
Location: Tacoma, WA
Posts: 2,119
Eghad,
YOU ARE in the right that most often the law is the "reasonable person" test. Therefore, YOU CAN draw if the circumstances are as the statute defines.

The caution is that it's MUCH harder to defend yourself in the eyes of the law or "reasonable person" when the other person is unarmed, that's my point that I try to convey to my friend that carries ONLY a knife. I think he's asking for trouble.

You shoot an assailant with a knife, and most witnesses agree he was an assailant with a knife, no jury will convict you. In fact, the DA will know this and likely won't even press charges. So, you probably won't have to answer in a court of law and may not even be arrested. The newspapers will read "Man successfully defends himself with lawful handgun from attacker with knife, gun, club, whatever."

Now, if you shoot the meanest ugliest rottenest most threatening man twice your size who is the assailant and IS GOING TO KICK YOUR BUTT OR MAYBE WORSE with his bare hands, and there are 100 witnesses that say this, the police will almost certainly arrest you and the DA will likely give serious consideration to charging you with a serious crime in hopes of getting a lower plea or a fair chance of a conviction. The newspapers will read, "Unarmed man shot and killed in disagreement; shooter charged with 2nd degree murder."

Hence, I don't think it's a good idea for my friend to carry only a knife, but I don't know. I think the real issue is that if he carries the knife, he darn well better know that if he draws it 1) it better be because he fears for his life or in defense of the LIFE of another and 2) he's opened himself up to lethal force, be it with a gun, from another.
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