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Posted by Seaman: If threatened by a perp (or perps) who have opened my gate and tresspassed into my fenced backyard, I do not draw my handgun, because I do not want to invoke a boatload of Murphy by brandishing, which btw is illegal here in Michigan.
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Good thinking.
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First, I say 3 words in a loud firm voice : "STOP, GO BACK." If there is time I repeat the command. If they do not comply, I draw my CCW and fire.
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In your
yard? Don't even think about it unless you have reason to believe that deadly force is
immediately necessary to defend against someone who has the
ability, opportunity, and intent to cause death or
serious bodily harm. Someone else will judge whether your belief was reasonable.
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If my gun clears leather it goes boom.
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You had better hope that a preponderance of the evidence will show in civil court not only that drawing had been necessary, but also that the use of deadly force had remained necessary after drawing.
As Frank Ettin put it, "One should not pull a gun unless under the circumstances the immediate use of the gun would be justified. But if upon presenting the gun the threat ends, e. g., the assailant turns and flees or immediately surrenders, one would not be justified in shooting."
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I have cleared this procedure with my local PD and they are OK with it, I live in SE Michigan. Check with your local PD, they are there to help you.
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Never rely on a verbal comment from a policeman for a legal opinion. Consult a criminal trial attorney who is knowledgeable of the use of force laws.