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Old December 15, 2005, 04:53 PM   #51
WOD
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In Alabama you cannot use Deadly force in protection of personal property. At any time. Regardless of the situation. Never. You will hang for it.

Example: You leave your lawn mower in the front yard and head in to get some water. When you come back out the door, a BG has pulled over in his pickup truck and is trying to get your mower in the back. Your pistol is in a holster on your body.

The second post in this thread said you can shoot in protection of property. He would have shot and killed the BG if necessary to get his mower. In AL, you would be facing a life sentence or the death penalty. In AL, you would have to either just yell, fight (not gun fight) or just let him go with the mower.

I don't know what states allow deadly force in this case. Maybe someone who knows their state's laws can chime in here
Alabama law sounds much like Oregon law. We cannot shoot anyone in defense of property. We cannot shoot anyone for beating us to a pulp. We absolutely cannot shoot unless we are assured and can prove that our life was in grave danger. Even then, if it is proven that we provoked the situation by acting like an honorable human being and standing up to the situation instead of walking away like a coward, we are in trouble and called a cowboy. In this scenario, you absolutely cannot pull your gun until you are beaten near death. You guys can say anything you want, but the law is implicit and your fellow citizens will not side with you. You cannot pull a gun unless the situation is so grave that you are sure you need to use deadly force. You can never use the words, "I thought".
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Old December 17, 2005, 08:12 PM   #52
wahsben
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My personal opinion on this is that getting your gun ready to use but still keeping it out of site in a pocket,under a jacket or in a shopping bag etc. would be a wise thing to do but yelling commands at this person that obviously appeared to be unstable would only escalate the situation.
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Old December 17, 2005, 08:35 PM   #53
orionengnr
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read the thread...

all I can say is,

Spring... Mom!
Rock... on!

Need more like ya, babe.
Keep on keepin' on.
We are with you.
Merry Christmas and may we find you happy and well next year (and many more).
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Old December 25, 2005, 04:01 PM   #54
CyberSEAL
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My question is this; what if he would have physically assaulted me with out any weapons, fists, feet whatever.
If he is physically assaulting you, you've waited too long to draw, you've lost the element of surprise and most any other advantage you had. When bad things happen, they happen fast.
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Old December 26, 2005, 09:28 PM   #55
Mike in VA
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Good thread, and Weeg, that's funny!

The basic point here is that what constitutes 'mortal fear or fear of grave bodilly injury' is a relative thing, as is what is a 'prudent person' in a given set of circumstances, e.g. a 245 lb linebacker in the prime of life vs. a 56 y.o. woman who has had a couple of brain surgeries with residual nerve damage and associated physical limitataions.

In the scenario cited, I'da had my gun in my hand, dsicretely as possible (in a pocket, behind my thigh, in my coat . . .), but ready to go. As noted, a mentally unstable person is completely unpredictable, you simply don't know his intentions, capabilites, major maladjustment, etc., so while I'd sure try to stay off his radar and not do anything to agitate him, if things got wonky, I'd shoot sooner than later, for all the right reasons.
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