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Old July 12, 2009, 03:49 PM   #30
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
My reasons for disagreeing with the recommendation to command the person to "get on the ground" are as follows:
  • I seriously doubt that in most places, a civilian would have any authority to give such a command under the circumstances, or that the other person would have any duty to comply; and I do not know the criminal and civil liability that I might assume by doing so.
  • Where I live, a civilian who is not in his domicile or automobile may only produce a weapon when it is necessary to do so for lawful self-defense--when the danger is imminent. Might my having had time to tell him to get on the ground indicate that the danger of death of serious bodily harm had not actually been imminent?
  • Should the use of deadly force prove necessary, I don't think I want to have any part of my statement (made later with the benefit of counsel) used out of context to give the impression that I had fired because the person refused to comply with my command that he get on the ground, rather than in lawful self defense per se. I would rather have simply explained that I had been accosted, that I had tried to disengage, and that ultimately, I had had no choice but to defend myself.
  • Should a shooting take place, I don't think I want to have any chance at all of forensic evidence indicating that I had fired at somone who was getting down, down, or getting up and was possibly not in the act of attacking me.
  • Since I cannot use deadly force to enforce such a command, he might well refuse. Might that not then lead to his believing that I would not use deadly force should he attack me, increasing the likelihood of a shooting?
  • I do not see the point.
Surely I do not need to explain why I disagree with recommendation to use deadly force in the event that the person were to refuse the third QUICK command to get on the ground.

Using deadly force when immediately necessary to prevent death or serious bodily harm is something else again, but I do agree with those who have suggested trying to disengage, and frankly, I would do so even if I lived in a "stand your ground" state.

After that, the less-than-lethal option would come into play.

I hope this appears less argumentative than my previous post and that it proves more helpful.

Last edited by OldMarksman; July 12, 2009 at 04:20 PM.
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