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  1. #11
    Administrator mr surveyor's Avatar
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    Quote: ".....or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given...."

    sounds like some pretty subjective language?
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  2. #12
    KTrange Contributor corsairgunner's Avatar
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    Here in NC size does matter. When I took the class they cited cases that people shot and were prosecuted and then someone smaller or more female shot in an almost identical situation and wasn't. So much for equality before the law.
    Totalitarianism didn't come quickly, it took 5 years from 1938 until 1943, to realize full dictatorship in Austria . Had it happened overnight, my countrymen would have fought to the last breath. Instead, we hadcreeping gradualism Now, our only weapons were broom handles. The whole idea sounds almost unbelievable that the state, little by little eroded our freedom.

  3. #13
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    Re:

    Quote Originally Posted by mr surveyor
    Quote: ".....or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given...."

    sounds like some pretty subjective language?
    I think the statute is speaking here of when a person initiates an altercation as the aggressor, things get messy, and then he tries to get out of the situation, but ends up having to shoot anyway.

    IOW, I can't get pissed at someone and start something with the idea of hoping to get the opportunity to respond with lethal force, then use self-defense as a justification for the shooting unless I have made a really concerted effort to end things without bloodshed in the middle. I wouldn't want my attorney to have to rely on that in court...



    Former Member May 2005 - April 2011

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  5. #14
    Administrator mr surveyor's Avatar
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    True, and I understand the concept of "avoidance" and "conflict resolution", which are an integral part of our CHL training. Our law here, as most likely elsewhere, clearly states that one is justified in using lethal force if there is a belief that he is about to be killed OR submitted to extreme bodily harm (also some "night time" laws as well as protection of property laws). Obviously if the attacker has some form of weapon clinched in their cold dead hand when the LEO finally arrive to investigate, it is a plus for the defender, but there are many other factors, i.e. disparity of force to consider. The wording of the posted statute just caught me as being very subjective and very open ended to the favor of the state's case against a possible SD defendant.
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  6. #15
    KTrange Contributor Barksdale123's Avatar
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    Just think Surv. The jury, of whom most voted for Obama, will have to decide on the reasonable man theory.
    All men having power ought to be distrusted to a certain degree.
    James Madison
    How strangely will the Tools of a Tyrant pervert the plain Meaning of Words!
    - Samuel Adams

  7. #16
    KTrange Contributor corsairgunner's Avatar
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    Re:

    Quote Originally Posted by Barksdale123
    Just think Surv. The jury, of whom most voted for Obama, will have to decide on the reasonable man theory.
    And the race card will be played if neccessary.
    Totalitarianism didn't come quickly, it took 5 years from 1938 until 1943, to realize full dictatorship in Austria . Had it happened overnight, my countrymen would have fought to the last breath. Instead, we hadcreeping gradualism Now, our only weapons were broom handles. The whole idea sounds almost unbelievable that the state, little by little eroded our freedom.

  8. #17
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    Where I live, the jury most likely won't get to decide. The District Attorney here is well known for his pro self defense stance, and has dropped charges in some pretty questionable shoots when the so-called "victims" were not of the most wholesome ilk.



    Former Member May 2005 - April 2011

  9. #18
    Administrator mr surveyor's Avatar
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    most of the DA's I hear about in my neck of the woods are the same, although the "big city" boys are a lot different.
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  10. #19
    KTRangePro spirithawk's Avatar
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    I'm 58 with serious heart and lung problems, so any fight would be life threatoning. That is the key, being reasonably in fear for your life.
    Sure you can trust the Government. Just ask any Indian!
    Disabled Vietnam Vet.

  11. #20
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    In Louisiana (depending on what parish) you are in. If one was to just go "a-blasting" for questionable reasons, well than I would expect you be going to Angola. But in this state (depending
    on parish) if you are defending yourself or family or even an innocent bystander who's life is in immediate danger than 99% of the time you go home. We're getting pretty "cowboy" down
    here and they have gotten fairly slack on folk's defending themselves, if BG has any kind of weapon.

    Dave

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