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View Poll Results: Does an Armed Citizen have a Moral/Ethical Duty to Retreat (complete safety) | |||
Yep, at all times | 30 | 13.89% | |
Nope, Never | 92 | 42.59% | |
Yep, but only on the street, not in the Home/Business | 63 | 29.17% | |
I'm not ansering because I dont want to seem either wimpy or bloodthirsty | 15 | 6.94% | |
I'd rather have pic of you and Spiff iwearing spandex loincloths lard wrestling in a baby pool. | 16 | 7.41% | |
Voters: 216. You may not vote on this poll |
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June 24, 2009, 07:16 PM | #476 | |
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June 24, 2009, 07:33 PM | #477 |
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Donn, I agree with the remark to which you say "HUH?"...
Interfere with my rights to Life, Liberty and the Pursuit of happiness and I will treat the person as no more than a predator in the hen house. Prey upon me? Hope you Prayed! Brent |
June 24, 2009, 07:45 PM | #478 | |
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Wow, missed a lot while I was at work.
Well, Alaska, I'll answer the question you asked today, which is definitively different than the question you asked in the OP. As someone who is so quick to leap on slips of the key with others, or point out the lack of thought exhibited by a post, at least have the integrity to admit that you asked a question that wasn't completely expressing your meaning. In other words, don't write a bad question and blame everyone else for not figuring out your thought process.
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The simple answer is I am required, as a Christian to err on the side of life. However, if someone through their actions, places himself in a position where a choice is forced upon me, the margin of error shrinks considerably. Since I am not the actor in this situation, any moral stain rests on the BG's soul, not mine. If I take reasonable precautions (in order, fenced in back yard, deadbolt locks on both doors, an alarm, two big dogs, firearms) and the BG overcomes all those, whatever happens is on him. It's kind of like the reasonable outcome concept in the law. Let's say I rob a bank. If I run from the cops, and during the pursuit cause a fatal accident, then I can be charged with murder. The death is a reasonable outcome, something that is not a surprise, therefore the charge of murder can be brought. Same idea on a moral plane, BG breaks in, in a CASTLE doctrine state; BG gets shot, BG's bad, not mine. His death is a reasonable outcome of his action. Final answer, BG with a weapon, I have no duty to retreat, if I'm where I'm supposed to be and have taken reasonable precautions
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June 24, 2009, 07:54 PM | #479 | |
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WildorareyoujustannoyedyouareputonthespotAlaska ™ |
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June 24, 2009, 08:09 PM | #480 | ||
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Peetza, you have the same problem as Alaska. On the one hand, you are calling me out, about a semantic difference. If this is a hair-splitting contest, I guess you are doing well. So, the BG isn't truly a home invader until he leaves my home having robbed me.
By that definition, I can't do anything until he acts. He's not really a threat until he shoots or stabs me. If he just waves a knife, he hasn't really done anything. So if the guy kicks my door down and runs when I produce my pistol, but doesn't actually steal anything, the DA can't charge him with home invasion? So I call BS on you; I say this with great respect. However, you are going to try to have your cake and eat it too. You say I'm wrong for reading into the law, but then read into the OP's question. The OP specifically refers to the armed citizen, no one else. Quote:
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At risk of being flamed, I'll quote another movie "You use that word a lot...I do not think it means what you think it means." BTW, Peetza and Alaska, I love you guys, don't take this as some sort of attack or think I don't respect you.
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June 24, 2009, 08:16 PM | #481 | |
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WildwiththishugethreadnowismychancetoshoutthefollowingwithgleeAlaska™ NEWS FLASH: US BEATS SPAIN IN CONFED CUP TO GO TO FINAL...MIGHTY SPAIN WITH DAVID VILLA, FERANANDO TORRES AND XABI ALONSO HELD SCORELESS!!!!!! EAT IT YOU EURO SNOBS, FOOTBALL IN THE US HAS ARRIVED!!!!! WOOOOOOOOHOOOOOOOO |
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June 24, 2009, 08:20 PM | #482 | |
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June 24, 2009, 08:20 PM | #483 | ||
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I don't know how I came to that conclusion...
maybee I read the OP, then read your later question?
Here is the OP: Quote:
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The qualatative difference is in the fact that you are much more emphatic in the second instance. The quantatative difference is evident in that there is always another choice. A Bhuddist or Quaker will say that ultimately there is a choice to resist or not resist. If faced with a murderer intent on killing him, a Seventh Day Adventist will say that even in that event, there is a choice not to resist, so your second question presents a false choice. As Captain Kirk said: "I don't believe in the no-win situation."
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June 24, 2009, 08:22 PM | #484 |
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Alaska,
Just know that I'll never be your speedo-wearing, lard-wrestling partner.
PBP, don't forget you have a great firearms collection as well...You certainly offer a good time. But, I still say, your legs, while nice, are just a bit too hairy for my taste.
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Remington Nylon 66 .22LR - Squirrels Beware Browning BAR Safari II .270 Win - Whitetails Beware Sig Sauer P229 .40 S+W - Burglars Beware Hi Standard Supermatic Citation .22LR - Tincans Beware Last edited by jjyergler; June 24, 2009 at 08:25 PM. Reason: certainly not a good one. |
June 24, 2009, 08:25 PM | #485 | ||
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35.15 Justification; use of physical force in defense of a person. 1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless: Para 2, Subpar A: A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (a) He reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he knows that he can with complete safety as to himself and others avoid the necessity of so doing by retreating; except that he is under no duty to retreat if he is: It is spelled out specifically in this particular law. It is also universally understood in American law (with no exception that I have seen or heard) to include any and all innocent persons whom the person has cause, or chooses, to protect. Quote:
(You guys are just getting weird now.)
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June 24, 2009, 08:26 PM | #486 | |
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I have crossed the street to avoid shady looking people. I have left public places where I thought things might get out of hand. I have even fled to a safe distance and then called the police on a guy wielding a machette. I have no problem turning tail and beating feet. However, I will not flee my home because someone has illegally entered it. Last edited by Playboypenguin; June 24, 2009 at 09:01 PM. |
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June 24, 2009, 08:36 PM | #487 |
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No, Peetza,
That's not what I asked, I said a definition of complete safety. You found a law referring to complete safety for the individual and others. Your point is valid, though. My point is that Alaska is so willing to be contrairian and jump on others for flaws in thinking, which isn't a bad thing, that he must be very careful about how he words questions.
I understood what he was asking, that's why I was arguing the moral point. But, considering how he desires others to be accurate, he should have worded the question more completely, that's all. If that's what he meant, he needs to put it in words. PBP, We are in agreement. Absolutely, positively, that's exactly what I mean. After like 500 posts, I'm not surprised things have gotten weird.
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Remington Nylon 66 .22LR - Squirrels Beware Browning BAR Safari II .270 Win - Whitetails Beware Sig Sauer P229 .40 S+W - Burglars Beware Hi Standard Supermatic Citation .22LR - Tincans Beware Last edited by jjyergler; June 24, 2009 at 08:39 PM. Reason: added to content |
June 24, 2009, 08:44 PM | #488 | |
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I also would not flee FROM my home. I don't believe that I can be expected to do so safely. I can not control that outside environment, I do not know what awaits and I could be fleeing FROM danger TO danger. So, within my home I will flee, but only until I reach the designated safe area. Anyone attempting to breech that area with be warned verbally, as much as there is time, and then met with all the force I can muster. Agreed?
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June 24, 2009, 08:57 PM | #489 | ||
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June 24, 2009, 09:08 PM | #490 | |
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To those who might argue that the verbal warning would "give away my position": I do not intend to ambush anyone, and a shout through a door will not give anyone an advantage. |
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June 24, 2009, 09:56 PM | #491 | ||||
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WildiinterruptmyusualsigtoscreechthatwhichfollowsAlaska TM NEWS FLASH: US BEATS SPAIN IN CONFED CUP TO GO TO FINAL...MIGHTY SPAIN WITH DAVID VILLA, FERANANDO TORRES AND XABI ALONSO HELD SCORELESS!!!!!! EAT IT YOU EURO SNOBS, FOOTBALL IN THE US HAS ARRIVED!!!!! YOUR SPORT IS NOW OURS!!!!!!!!! |
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June 25, 2009, 06:27 AM | #492 | ||
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And I have no moral or ethical reservations that would prevent me from shooting such an intruder in my home. It's not like we're talking about taking an innocent life. The criminal chose to throw away his innocence when he decided to invade another man's home. Quote:
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June 25, 2009, 08:45 AM | #493 |
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Donn N
My apologies for creating confusion with the statement that inspired you to reply with "Huh?" Sometimes my thoughts get a little choppy when I get going. I will try to explain it a little better in the context of the post in which it was originally written. Here's an example: A VCA "approaches" his selected target with a 3' steel pipe (club with nails, Poulan chainsaw, or whatever creatively violent kitchen utensil you would like to invision) and threatens to spill his brains on the pavement. The defendant then draws his pistol, but does not fire immediately. For the sake of the topic of the discussion at hand let's say he's looking for other options or another way out. Maybe his head is swimming with the "I can't belive this is happening to me" emotions, followed by the "I don't really want to shoot this guy " thoughts. What ever the case - he's dithering. Seeing this, the attacker draws his own pistol and shoots him dead. After all, that's what dithering does...it gets you dead. Now, can the attacker claim self defense? - " I was only trying to scare him into giving me his wallet. I wasn't really going to hurt anybody. I was only making an honest attempt to feed my 19 kids on the street. Then that fool had to go and pull a gun on me, so I had to defend myself" - I don't think so. He forfeited his ability to do so the instant he made the attack while presenting the threat of eminent danger. Still keeping in the context of the post where this comment was included, I also mentioned not attempting to defend others without having 110% of the facts concerning the conflict being witnessed. Let's use a couple of scenarios (they seem to be a little more tabgible) Scenario A You turn a corner to see three men with knives backing another man against a wall. You draw and fire, hitting two while the third runs away only to be "picked up" by police later. Was this a good shoot? - In this case yes. The three men with knives were attacking the man you defended with the intentions of doing him harm. Scenario B You turn a corner to see three men with knives backing another man against a wall. You draw and fire, hitting two while the third runs away only to be "picked up" by police later. Was this a good shoot? - In this case no. The man you defended initiated the violent attack which you did not see. By rendering defense on his behalf you essentially inherited his rights. Which he screwed the moment he initiated the attack you didn't see, and you are going to jail.
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Qui non proficit deficit Last edited by Shawn Thompson; June 25, 2009 at 08:52 AM. |
June 25, 2009, 09:04 AM | #494 |
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Bunch of rhetoric being spewed on here with all kinds of scenarios with al lot of bravado and different opinions but a lot of good conversation.
For if I hear a Bump in the night I am going to turn over and go back to sleep. Otherwise I am going to be chasing squirrels and cats all the time. Now if I hear Bump, Bump, Tingle I am going to check that out. First thing I do is get up and probably grab my pants along with my gun. Either my pistol or double barrel according to how I am feeling at the time. Right or wrong I am going to start turing on lights. I want the BG to know there is someone in the house and I can't see in the dark. When I finally catch up with the BG I will ask if I can help them. If they have a gun pointed at me I will shoot. Otherwise I will just check out what they are doing. There are at least 1,000 different things that could happen and possibilies but if they are unarmed I am not going to shoot just on the idea that they possibly could attack me. If they have a gun in hand (very slim possibility) I will shoot or if they act like they are going for a gun. As for if they try to run I doubt that I would shoot. If it appears that I need to run then I may retreat. I think the whole question about all of this taking the semantics and arguements out is if there is someone in your house and you have a legal right to shoot them but there is no indication that if you don't shoot it will not be then end of your world do you shoot. A 21 year old druggie was breaking into houses in our neighborhood a few years ago stealing item to support his habit. He was caught and jailed. He never attacked anyone and never carried any kind of weapon. If I had caught him in my house at night I would have been justified in shooting him legally. Morally I an mot sure. Retreat does not necessarily mean running away and hiding but rather standing your ground and not advanving. Go ahead and tear it up. |
June 25, 2009, 09:22 AM | #495 | |
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June 25, 2009, 09:34 AM | #496 | ||
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If the intruder has already made it as far as he has (inside your home), why do you need to wait for him to do something else before stopping him with all available force? His breaking and entering shows sufficient intent to harm you! I just don't understand this idea that an invader should be given some benefit of the doubt. As to OP (and subsequent 20 pages of discussion), I seem to be on the same page as PBP and jjyergler: Quote:
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June 25, 2009, 09:50 AM | #497 | |||
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There are an awful lot of variables that are not covered by simple rules of thumb or statements of doctrine. |
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June 25, 2009, 09:55 AM | #498 | |
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No charges were filed in that case, in part because the man who shot her was pretty much legally justified in doing so. He reasonably believed that a forcible entry had been made into his home. I don't think that helps the poor man sleep any better at night, though. pax |
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June 25, 2009, 10:00 AM | #499 | |||
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I haven't yet been able to take the NRA's Personal Protection in the Home course (here's something on it http://www.nrahq.org/education/Train...ning.asp#ppith ) but I intend to. I would be very surprised if one of the basic recommendations is not to get everyone into a safe place, call for help, and stay put. Everything else I've read, heard, or watched on TV says so. Here's something from someone who has taken several courses: Quote:
http://www.thefiringline.com/forums/...&postcount=169 I would not place a bet on the assumption that it is "highly unlikely" that an intruder has gun in hand, on the assumption that he is alone, or that the person is not influenced by substances that will make it highly likely that he will act very violently. Quote:
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June 25, 2009, 10:40 AM | #500 | |
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So, I choose a safe room... my bedroom. The kids rooms are near, the BG would be reasonably far. Get the kids and the wife in the bedroom, lock the door, put a dresser in front if possible, have the PD on the phone. Anybody who disregards the continuous warnings about pending police presence and the fact that I am armed and will shoot is a danger will have to be dealt with if they try to breech that room. Such a plan is all that I can morally be expected to do.
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