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30-03-2010, 14:27 #1
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- Oct 2009
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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?
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30-03-2010, 16:21 #2
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=1970Run Fast, Bite Hard!
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30-03-2010, 16:47 #3
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- Mar 2010
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- Jacksonville Florida USA
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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
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30-03-2010, 17:49 #4
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- Feb 2009
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- 110
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30-03-2010, 17:53 #5
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30-03-2010, 17:55 #6
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30-03-2010, 18:14 #7
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- Feb 2009
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31-03-2010, 08:49 #8
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- Mar 2010
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- Hartenbos
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- 53
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- 256
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
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31-03-2010, 09:23 #9
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
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31-03-2010, 22:20 #10
- Join Date
- Jan 2010
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- NPS
- Age
- 35
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- 373
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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