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Old August 10, 2009, 09:41 AM   #201
noelf2
Senior Member
 
Join Date: April 14, 2008
Location: Stuart, VA
Posts: 2,473
Wow, I think we are almost at agreement on a couple of things.

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I surmised that breaking the glass would meet the threshold.
So would I. I wouldn't shoot unless he did just that.

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Point is, I draw and point before the glass is broken.
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At that point what we have is an argument.
Incorrect. The situation became more than an argument when he smacked the vehicle and made threats of severe bodily harm. That's not something your average sane person does. At that point I am in fear of my safety and need to prepare myself.

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Police officers operate under different sections of the code. They are permitted to carry openly, and they may point guns under circumstances in which citizens may not.
Maybe not in Florida, but I can also openly carry in my state. So can any law abiding Virginian 21 or over, but I don't see how open carrying is relevant here. So cops and citizens have different codes which allow them to draw and point in different situations, but they can both draw and point when they are being attacked (we just disagree on whether the op was attacked or not).

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Necessary, but not at all sufficient. The litmus test also includes the determination of whether a reasonable person, knowing what the OP knew at the time and under the same circumstances, would have held that belief. Simply believing it doesn't cut it.
Obviously the Cop on scene believed it cut it because the OP wasn't arrested! I assume the Cop was a reasonable person, don't you? Let me know if you find out that he has been arrested afterwards (won't happen, I'll wager money on it).

Hey Microgunner, let us know if you get arrested...
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