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Old July 15, 2010, 10:28 AM   #57
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by ranburr
...you are assuming that the person you are dealing with is a normal thinking person..
And you are assuming that he is not.

You (and Hook686) missed the point. I was just illustrating that it's possible that a situation will change. At first, the situation is such that you are justified in drawing your gun. But then the situation changes such that you would not be justified in shooting. There are limitless ways this could happen in real life.

But the question before us was, in effect, "If you draw your gun, must you shoot?" And the answer is, unequivocally, "No." If you draw you gun, you need to be prepared to shoot. And if you draw your gun, the situation should have been such shooting would be justified, i. e., you can articulate how a reasonable and prudent person would have concluded that your assailant had the ability to deliver lethal force, had the opportunity to deliver lethal force and was putting you in jeopardy of an immediate death or grave bodily injury.

But situations are dynamic and can change in an instant. And they can change in a such a way that shooting would no longer be justified.

As Glenn has pointed out (twice) in the vast majority of successful defensive gun uses, no shots are fired.

peetzakilla gets it.
Quote:
Originally Posted by peetzakilla
...The point is that "draw" does not "equal" fire. ...
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