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Old November 18, 2012, 01:38 AM   #75
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,701
Originally Posted by hogdogs
...And not all "forcible felony" crimes requires a person to be immediately at risk of death or GBH... Arson is one... It does not require the structure to be a dwelling nor occupied......
Arson has long been considered a violent crime against a person or persons. Among other things, whether a building is or is not occupied is generally unknown by the arsonist; fires can spread unpredictably and indiscriminately creating a risk of injury to those in proximity; and fires present grave risks to those who fight them.

As for 776.07, that presumes a person in custody as a result of an arrest. But what are the rules applicable to a citizen lawfully performing an arrest?

We shouldn't get sidetracked. The point is that the use of force is often not as simple as some might think.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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