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Old October 25, 2008, 01:05 PM   #45
David Armstrong
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Join Date: January 24, 2005
Location: SW Louisiana
Posts: 2,289
Quote:
You actually quoted the post that I referred to, which said "...getting into your car..." and used that to argue that it's "over".
Yes, I did. Let's look at what was said:
"However, if he has a gun and he's getting into my car but hasn't driven off yet, and I'm able to access my gun, I might shoot him before he starts driving. "
Looks pretty over to me. The BG is done with you, he is getting in the car, and he is going to drive off.
Quote:
Getting means he is still doing it
I'm going to suggest that using tthat reasoning, if the BG is driving the car down the freeway 2 hours after leaving you behind, he is still doing it.
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Until he has already driven off, I would consider a guy with a gun who's in the commission of Aggravated Robbery (with a deadly weapon) a threat.
I would consider a guy who is trying to get in a car and drive off not much of a threat. Further, I think you'd have a hard time justifying the use of deadly force at this point in any jurisdiction that uses the reasonableness standard for response or the imminent danger restriction. It is no different than the BG who has robbed your store and is now running away.
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