Understanding the law, and lethal use of force to defend one's self....

[Bigchillin83]

Regardless of who tries my case or what charges are brought, I know I could live everyday in a jail cell if I was wrongfully convicted but also allows my wife and children to continue to live!!! It is a easy choice for me, if sombody pulls a gun on me or my family , my thoughts are there intent is to kill me or sombody with me, ding ding ding ,easy choice also there will only me my statement and my family's and pedestrians, because I will not stop until the threat is over ... I will get a lawyer, have the NRA on my side and it will be justified!!!

 

[JWG223]

Addressing the subject line. An affirmative defense is a fact or set of facts other than those alleged by the state or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. Self-defense, Castle-Doctrine, and Stand-your-ground are all affirmative defenses. The state is allowing you to plead guilty to murder but then present evidence that justifies your action that resulted in a murder of someone. Because the defendant pleads guilty by invoking an affirmative defense, the burden of proof shifts from the State to the defendant. Ponder that for a few for a moments and ask yourself 2 questions: 1-How confident would you be that a prosecutor wouldn't simply charge you for political reasons irrespective of the facts and circumstances aka Ferguson, MO; and 2- how much it is going to cost you to defend yourself. None of this is simple and you better have thought-thought-thought through every single issue.

Wow. That sounds a lot nastier than I thought was actually the case.

 

[Whitebread]

A lot of people are still responding to my question from the position of "could have...should have..."

I get that. However, at the point of needing or not needing to use a firearm, that is already out the window. I am PRESUMING with my question, that the person involved is not going to knowingly place themselves in a position of "having to shoot someone".

If you can run away, there is still a question of "Can/Should I shoot?" TO me, the answer is "HELL NO!" Just run away. What, your balls too big to allow effective sprinting? ********. That is what I mean. If your mentality is "I don't care about legal/not legal...I did THE ONLY THING I COULD HAVE REASONABLY FORESEEN DOING that would result in me NOT getting killed/maimed", do the laws even matter, except as an "after the facts" thing?

If you argue "yes", well, why carry a weapon? Your life is less important to you than having to go to court. I respect that. Some people are scared of court more than others. Your call.

But, what I am wanting to know...is there merit in going over every nuance of the law, considering I "plan" on shooting someone only if every other alternative for preserving my life/limb has been eliminated?

The reason for my question, is that I an getting my CCW in a new state, and know that not all CCW classes present the whole, unbiased text of the law. Should I seek out a complete understanding from an attorney, or would it largely be a waste of my time and money to do so, considering my mentality of "not looking for the "right" to shoot someone"?

Personally I have no use for knowing every nuance in the law. I believe if it comes to it and I'm faced with the lose of life or limb of my family or myself. I will shoot to stop the threat and tell the truth and let the chips fall where the may. Now the defense of others in my surroundings, I'm not gonna stick my neck out to have it chopped off but if the threat of deadly force is real and not preceived (someone has brandished a firearm is aiming it at another person or simular), I would like to think I would react the same way.

 

[DAVE_M]

Personally I have no use for knowing every nuance in the law.

That's a terrible mindset.

Getting educated is never a bad thing.

 

[Whitebread]

That's a terrible mindset.

Getting educated is never a bad thing.

That was not my point. My point was I will do what I know is right and let the chips fall.

 

[DAVE_M]

That was not my point. My point was I will do what I know is right and let the chips fall.

How do you know what's "right" if you don't know the law?

There's a ton of folks in this country that believe doing meth is the right thing.

 

[whitsend]

Dave, I don't think he is saying he doesn't care to know the law, just that he doesn't see the need in knowing all the intricacies of the law.
I love learning and knowing, but all I need to know about "can I shoot" is, if I or others are in fear of loss of life or great bodily harm, better to shoot than be shot.
Now I do know a lot more about the law, stand your ground, castle doctrine, car jacking, etc., but it all come down to I will shoot before I get shot. I'm not going to worry about the legal cost or if the DA is some antigun nut.
I would rather spend $100,000 on legal fees than $10,000 burying my family or them burying me.

 

[Whitebread]

How do you know what's "right" if you don't know the law?

There's a ton of folks in this country that believe doing meth is the right thing.

I look just a little higher for my since of right and wrong, but at a state level I know you have the right to defend you people and property with deadly force.
Again if I shoot my consience will be clear and if someone wants to make a federal case out of it I will cross that bridge.

 

[Whitebread]

Dave, I don't think he is saying he doesn't care to know the law, just that he doesn't see the need in knowing all the intricacies of the law.
I love learning and knowing, but all I need to know about "can I shoot" is, if I or others are in fear of loss of life or great bodily harm, better to shoot than be shot.
Now I do know a lot more about the law, stand your ground, castle doctrine, car jacking, etc., but it all come down to I will shoot before I get shot. I'm not going to worry about the legal cost or if the DA is some antigun nut.
I would rather spend $100,000 on legal fees than $10,000 burying my family or them burying me.

Exactly! Its cliche but 12 is better than 8.

 

[JBP55]

I look just a little higher for my since of right and wrong, but at a state level I know you have the right to defend you people and property with deadly force.
Again if I shoot my consience will be clear and if someone wants to make a federal case out of it I will cross that bridge.

Have you ever taken a CHP Class in Louisiana?

 

[Whitebread]

Have you ever taken a CHP Class in Louisiana?

Ok I assume you mean to take me to task because I just painted with a broad brush say "people and property" I was refering to the Castle Doctrine and Stand your ground. People and property was easier to type and it rolls off the tongue easier. I shouldnt have phrased it that way mea culpa.

 

[323MAR]

I just like to use guns to settle every altercation I get into. It happens every day. The trail of bodies will catch up to me or I will go broke having to constantly buy Corbon premium ammo.

 

[Whitebread]

I just like to use guns to settle every altercation I get into. It happens every day. The trail of bodies will catch up to me or I will go broke having to constantly buy Corbon premium ammo.

Hey you just admited to murder on an open forum. And told your choice of ammo. Wont be long now. Do you hear the sierens yet?

 

[JBP55]

Ok I assume you mean to take me to task because I just painted with a broad brush say "people and property" I was refering to the Castle Doctrine and Stand your ground. People and property was easier to type and it rolls off the tongue easier. I shouldnt have phrased it that way mea culpa.

Correct.

 

[Rhandhali]

Ayoob really needs to update and reprint "In the Gravest Extreme". It's a good book but it's about 30 years out of date.


Sent from my iPhone using Tapatalk

 

[geoney]

Addressing the subject line. An affirmative defense is a fact or set of facts other than those alleged by the state or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. Self-defense, Castle-Doctrine, and Stand-your-ground are all affirmative defenses. The state is allowing you to plead guilty to murder but then present evidence that justifies your action that resulted in a murder of someone. Because the defendant pleads guilty by invoking an affirmative defense, the burden of proof shifts from the State to the defendant. Ponder that for a few for a moments and ask yourself 2 questions: 1-How confident would you be that a prosecutor wouldn't simply charge you for political reasons irrespective of the facts and circumstances aka Ferguson, MO; and 2- how much it is going to cost you to defend yourself. None of this is simple and you better have thought-thought-thought through every single issue.

100% correct

 

[323MAR]

Hey you just admited to murder on an open forum. And told your choice of ammo. Wont be long now. Do you hear the sierens yet?

No, it was self-defense every time. I was disrespected and had to defend my pride.