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Old July 13, 2009, 09:35 AM   #41
Brian Pfleuger
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Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,578
Quote:
I have heard it said that carrying these LTL options for civilians is bad idea. Should you ultimately shoot someone while carrying a pepper blaster, you now must convince the AG and possibly a jury that not only were you in danger, but the danger was such that your pepper blaster would not have owrked (subjective, of course). That means that the BG better have had a gun (or you have a great lawyer). If all you have is a firearm, then you don't have to overcome that intermediate hurdle.
That's really just another series of assumptions. The DA could just as easily say "Why weren't you carrying pepper spray? You only had a gun..... did you WANT to shoot someone?" Your answer for not using pepper spray that you had on your person could be a simple "There wasn't time. I carry it to avoid shooting someone if at all possible, this time, it wasn't possible."

Besides that, most situations not involving a BG with a gun will provide an option for pepper spray. Sure, an all out unexpected physical attack may not but most muggings or robberies, and certainly the situation in the OP, will give you time for pepper spray.

Additionally, most situations involving an obvious intentional violation of a restraining order will be sufficient cause for use of pepper spray, in and of themselves. In a situation like the OP, a shot in the face with spray and a hasty retreat in the car on the phone to 911 would NOT be questioned.
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Last edited by Brian Pfleuger; July 13, 2009 at 09:41 AM.
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