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  1. #1
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    Question When may you point your side arm?

    I have been wondering about this matter for some time now, and discussing it with local friends (gunowners) seem to worsen the 'grey area' even more. So i have decided to turn to GS's combined wisdom for exclusion on this......

    Under what sircumstances are you allowed to LEGALLY draw your side-arm (SA) and LEGALLY point it at another person?

  2. #2
    Moderator ikor's Avatar
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    This is one of those questions where human nature desperately wants clearly spelled out answers, but which, due to its' very nature, can never be answered in such a fashion honestly. Most people want to be able to get answers that are all 'black' or all 'white', but each situation must be judged on its own merit and thus the answers are mostly in various shades of 'gray'.

    Obviously, stupid shid like drawing and pointing the neighbor's kids because their rock music is too loud would be a big 'NO!' while drawing, pointing and even firing at a thug who had just stepped up on your back steps and shot at you and was doing his best to get off a second shot would usually be considered more than justified. It is all those pesky ;in betweens' that cause doubt.

    I am sure you will get other good answers here but you might start by reading this thread...

    http://www.gunsite.co.za/forums/showthread.php?t=1970
    Run Fast, Bite Hard!

  3. #3
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    I don't know how much of this would apply in SA but here in Florida this is the general rule. Florida has no duty to retreat, whereas some States do require you to retreat from confrontation.

    An aggressor must posses all of the following to justify the use of deadly force in self defense.

    A. He/she must have the ability to inflict serious bodily injury (he/she is armed or reasonably appears to be armed with a deadly weapon),

    B. He/she must have the opportunity to inflict serious bodily harm (he/she is physically positioned to harm you or another with his/her weapon), and

    C. He/she must display intent (hostile actions or words) that indicates that he/she means to place you or another in imminent threat of Death or Great bodily harm
    .



    Last edited by SGB; 30-03-2010 at 16:49.
    "There is no second place winner in a gunfight" - B Jordan

  4. #4

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    Quote Originally Posted by SGB View Post
    I don't know how much of this would apply in SA but here in Florida this is the general rule. Florida has no duty to retreat, whereas some States do require you to retreat from confrontation.

    An aggressor must posses all of the following to justify the use of deadly force in self defense.

    A. He/she must have the ability to inflict serious bodily injury (he/she is armed or reasonably appears to be armed with a deadly weapon),

    B. He/she must have the opportunity to inflict serious bodily harm (he/she is physically positioned to harm you or another with his/her weapon), and

    C. He/she must display intent (hostile actions or words) that indicates that he/she means to place you or another in imminent threat of Death or Great bodily harm
    .



    +1 In a world of normal logic and consistent application of the law.

    Not necessary the case under 60/2000 as the rules seem to be interpreted by whoever attends the aftermath.

  5. #5
    Moderator SSP's Avatar
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    Quote Originally Posted by 92FS View Post
    +1 In a world of normal logic and consistent application of the law.

    Not necessary the case under 60/2000 as the rules seem to be interpreted by whoever attends the aftermath.
    The FCA has SFA to do with the common law relating to private defence.
    Cattle die, kindred die, every man is mortal:
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  6. #6
    Moderator SSP's Avatar
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    Quote Originally Posted by abhm View Post
    whilst it might outline it 60/2000 is not what defines lawfull defense! CPA does!
    The CPA, if I recall, only deals with the use of force when attempting to make an arrest, not private defence.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

  7. #7

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    Quote Originally Posted by SSP View Post
    The CPA, if I recall, only deals with the use of force when attempting to make an arrest, not private defence.
    Which act then comes to effect when there is an agrieved party relating to private defence?

  8. #8
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    Don't point before you feel justified to shoot.

    Don't wait untill it is too late before you feel justified to shoot.

    Don't shoot if you have felt justified to shoot, have pointed, but the attack stops.

    My 2c

  9. #9
    Moderator SSP's Avatar
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    Quote Originally Posted by abhm View Post
    SSP would the legal standing not be that you the citizen are attempting to neutralize the situation first via stopping the attack with the then eventual aspect of either affecting or aiding the arrest? I think we need to have a coffee chat on this because my adled brain keeps on reverting to the old cop in me with this! Would this then be a common law issue with precedent as guideline? still using the concepts of private defense as outlined in the CPA being reasonable proportional immediate and unlawful?
    I would agree with your view.

    Of course, there is no duty to attempt to arrest for a citizen, unless requested to assist by 5oh.

    The way I see it is this: Common law when defending yourself(or others) against unlawful attack and CPA when using force to effect arrest.

    The principles you delinate are the same however.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

  10. #10
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    LEGALLY!!!!!!!!!!!!!!!!!!!!

    You see someone on your property.

    Can your draw and shout a warning?




    You see someone - with a gun in their hand = CLEARLY!

    on your property...

    FACING YOU?!?!?!

    can you draw and shoot?

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