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Old December 1, 2007, 12:12 PM   #10
Jay1958
Senior Member
 
Join Date: November 26, 2007
Location: North Carolina
Posts: 274
Here is an excerpt from the concealed carry training material that is provided by the state in which I reside and which issued my concealed carry permit:

"A citizen is legally justified in using deadly force against another only if:
(a) The citizen actually believes deadly force is necessary to prevent an imminent threat of death, great bodily harm, or sexual assault and
(b) The facts and circumstances prompting that belief would cause a person of ordinary firmness to believe deadly force was necessary to prevent an imminent threat of death, great bodily harm, or sexual assault, and
(c) The person using deadly force was not an instigator or aggressor who voluntarily provoked, entered, or continued the conflict leading to deadly force, and
(d) Force used was not excessive - greater than reasonably needed to overcome the threat posed by a hostile aggressor.

So "in fear of bodily injury" depends upon where you live, and depending on where you live, how great the perceived threat of the extent of possible bodily injury.

Personally, I'm glad the state that I live in and that issued my permit doesn't have a law that says something like:

"unless the attacker displays a deadly weapon such as a modern firearm or a knife with a huge blade (ie. machete or sword), and you feel reasonably sure that the only possible way for you to have a snowballs chance in Hades of surviving is to kill the attacker, then you are required to run like Hades or wait and see if the force and method which the attacker brings to bear does indeed result in your death."

Quote:
Your firearm is lethal force and to remove it from its holster you should be "in fear for your life", not merely "in fear of bodily injury" such as a fist-fight.
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