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Old August 31, 2010, 07:06 AM   #54
LordTio3
Senior Member
 
Join Date: March 5, 2010
Location: Bloomington, Indiana
Posts: 850
Quote:
Can you imagine what the other person could do? He could dare you to shoot him and taunt you. If you shoot, you go to prison unless you are on firm legal ground. If you don't he makes a fool out of you.
Would you rather be branded a fool by an idiot, or a murderer by a jury of your peers? Not really a difficult question if you ask me.

That being said, your question is based on flawed assumptions. If you have had probable cause to rightfully and legally brandish your firearm with the intent to establish a threat of lethal force, then you are legally justified in using legal force. You don't pull your gun on an unarmed person unless they are a real threat to you.

So, including this information in your scenario, you have established that the person is either armed and dangerous, or otherwise poses an honest and articulable threat to you. You have established this and have drawn your weapon with him now at gunpoint.

Personally, I could not care less what he says, who he insults, how loud he is, or what language he's using as long as he complies with my demands which can be as simple as, "Don't come any closer and put that weapon down." If he doesn't have a gun as well, you have him by the balls and he knows it. Anything he says afterwords is petty and unimportant. It would be like yelling insults and threats at a Secret Service Agent. Yah, you might get in a good quip, but he has the right to detain you for 48 hours without cause. Which end would you rather be on? Personally I'd rather be behind the trigger.

If he does anything at that point to increase the already present threat to you, you are legally justified in shooting him, because he's an absolute idiot who either wants to die, or is honestly willing to bet his life that a stranger that he knows nothing about doesn't have it in him to pull the trigger. Don't give him the chance of being right. Protect yourself.

JMHO,
~LT
__________________
ΜΟΛΩΝ ΛΑΒΕ- Greek:"Come and take them..." Meaning: Here we peaceably stand as armed and free men, willing to defend that peace, and ready to make war upon anyone who threatens that freedom.
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