Posted: 4/16/2009 6:20:59 AM EDT
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The other day I was at a a guy's house, and there is some drunken idiot across the street doing the "I am drunk and pissed and I am going to kick everyone's ass" scenario. He was walking around punching and kicking cars, and picking up various objects and throwing them (chairs, garbage cans, whatever). The guy was pretty big so I am immediately concerned for my safety. I was standing in front of my car when this was going down talking to my friend. I immediately said "See you later, I'm outta here." and just them the guy starts calling me names and asking if I have a problem. I just ignored him, got in my car, and closed the doors. Without making eye contact, I started my car and drove away. I got in my car first because it's my "castle" and I figured I have more rights to protect myself once I am in my car (assuming I don't drive away first).
But, suppose this guy came over, opened my door or punched in my window and tried to yank me from the car. Draw or no? Is this a forcible felony on his part? |
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If there is someone who is inebriated and engaged in acts of violence, and you feel threatened and try to leave, I believe you've done your duty to try and escape from that dangerous situation.
Our castle doctrine provides: The presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person. It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. The statute also precludes lawsuits against citizens who defend themselves under that law. For you, if they tried to get into your car, you could assume they meant to do you harm (based on your perceptions of their violence and intoxication). Then you need to make a judgment call of taking a human life, or trying to fight back in other ways. |
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Quoted:
The other day I was at a a guy's house, and there is some drunken idiot across the street doing the "I am drunk and pissed and I am going to kick everyone's ass" scenario. He was walking around punching and kicking cars, and picking up various objects and throwing them (chairs, garbage cans, whatever). The guy was pretty big so I am immediately concerned for my safety. I was standing in front of my car when this was going down talking to my friend. I immediately said "See you later, I'm outta here." and just them the guy starts calling me names and asking if I have a problem. I just ignored him, got in my car, and closed the doors. Without making eye contact, I started my car and drove away. I got in my car first because it's my "castle" and I figured I have more rights to protect myself once I am in my car (assuming I don't drive away first). But, suppose this guy came over, opened my door or punched in my window and tried to yank me from the car. Draw or no? Is this a forcible felony on his part? I did have a drunk punch my window one time. I left, he followed he, we get pulled over speeding. This guy is drunk and has friends in his car. I tell the cop this guy started punching my window. Other cop finds my gun and puts me in cuffs, Now I am in cuffs and there are 4-5 that want to kick me ass for no reason and two cops there. I felt more in danger being cuffed, out maned, unarmed. YMMV just remember drunnks have friends too. |
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Ok, well good to know. Years ago I was stopped at a red light in the middle of the night with a car in front of me. A big ghetto sled pulled up next to me, and 4 big ol' black dudes get out. They say something to me as they approach my car and I don't even look at them... I tell my wife calmly to hand me my gun DISCRETELY (this was before my CCW) from the glovebox.
One of them walks up to my window as the other walks to the passenger side. I had my gun down low under my left arm (left arm on still on the wheel), pointed directly at the first guy's torso. He didn't see it... I never made eye contact. Fortunately, the light turned green and we drove off before step 2. |
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Just need a slight mod to your car....
http://www.youtube.com/watch?v=fDrzMGdYWZc Edited because my link-fu is shoddy. |
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Lots of factors to consider. The "yard-stick" measurement would be the words REASONABLE and NECESSARY. You would be the one to articulate why it was REASONABLE and NECESSARY to have used deadly force.
What is REASONABLE and NECESSARY to one individual may fall short by another. For example, my 125 lb 83 year old mom would have little to no issue with a shoot under those conditions as viewed by the SAO -vs- a 6'5" linebacker playing at Florida State. Then your articulation of the facts would be judged by the States Attorneys Office (SAO) and Law Enforcement. We have had many spirited discussions on this topic over the years here on AR15.com. Key issue= Just because the "letter of the law" may allow deadly force, it's not a 100% given. |
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Quoted:
Just need a slight mod to your car.... http://www.youtube.com/watch?v=fDrzMGdYWZc Edited because my link-fu is shoddy. Regular or extra crispy?  
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And do not forget. I know a kid (25) that has a friend (??) that got in a fight with some junky in his house. He shot the crack head 9-10 with a 9mm and he finally stopped fighting.
The guy was cleared for the shooting but his house was BURN DOWN two week later. Think about that for a minute. |
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Quoted:
And do not forget. I know a kid (25) that has a friend (??) that got in a fight with some junky in his house. He shot the crack head 9-10 with a 9mm and he finally stopped fighting. The guy was cleared for the shooting but his house was BURN DOWN two week later. Think about that for a minute. Lesson: Don't roll with junkies! But seriously, good advice to think about. |
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Quoted: Lots of factors to consider. The "yard-stick" measurement would be the words REASONABLE and NECESSARY. You would be the one to articulate why it was REASONABLE and NECESSARY to have used deadly force. What is REASONABLE and NECESSARY to one individual may fall short by another. For example, my 125 lb 83 year old mom would have little to no issue with a shoot under those conditions as viewed by the SAO -vs- a 6'5" linebacker playing at Florida State. Then your articulation of the facts would be judged by the States Attorneys Office (SAO) and Law Enforcement. We have had many spirited discussions on this topic over the years here on AR15.com. Key issue= Just because the "letter of the law" may allow deadly force, it's not a 100% given. Very True. "It's easier to avoid conflict than it is to survive it." |