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Re: Fw: [RC] Guns with Blanks - Truman Prevatt

In most states, the act of pointed a gun at someone in a public - even a blank guy - is considered an act of "threating significant bodily harm or death" which is the threshold hold for using a firearm to defend oneself. At least that's the way the FL law reads.

As a lawyer friend puts it- never pull a gun unless you are intended to pull the trigger. If you do and the other guys has one and wasn't in the process of committing a forcible felony or invading your domicile - he has every right to shoot you. If you do and he doesn't shoot you, you cold be charged with brandishing a weapon and convicted. If it worth pulling a gun - it worth pulling the trigger.

Interesting enough when the new law went into effect of Florida established that any person who was confronted in their domicile had the right to use deadly force without having to establish they were in danger of their life of grave bodily harm - that is the legal presumption is they are in fear of their life or grave bodily harm. Also the law reads that a person does not have to try back down or give notice of his/her intention to shoot. They also expanded domicile to include your mode vehicle, e.g. car, truck, etc. Does a horse qualify - probably not.

Truman

k s swigart wrote:
From: Susan
Good point but I figure a dirt bike rider doing donuts around my horse is a
weapon in itself endangering my life and my horses. I would not pull any
type of gun unless you have threatened me first.

You have missed my point. I did not say that I do not recommend either carrying a gun or defending yourself with it if you feel threatened. Nor did I state whether the activities of the motorcyclists in the story could themselves be considered deadly force.


I merely stated that I cannot recommend making threats of your own with a gun loaded with blanks. You threaten somebody with a gun, you MUST be prepared to completely incapacitate them with it. If you are not, you could end up very dead or incapacitated yourself. A gun loaded with blanks is not very useful for completely incapacitating somebody (at least, not much more useful that a set of brass knuckles--which is what _I_ would use it for if you pointed it at me).
A gun loaded with blanks cannot in any reasonable way be properly considered a personal protection weapon, brass knuckle-like features aside. Suggesting that somebody either carry or use one for personal protection is pure lunacy.
kat
Orange County, Calif.
:)


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"The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all." H. L. Mencken


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Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp
Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp

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Fw: [RC] Guns with Blanks, k s swigart