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  1. #1
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    Quote Originally Posted by Ruiner
    For example, I had a guy open my car door and get INTO my passenger side of my vehicle one night at a gas station. I pulled my gun on him and he stopped. Now, weapon or not, I could have shot him.
    Had you shoot him though you would have been arrested!

  2. #2
    When negotiations fail... Ruiner's Avatar
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    Quote Originally Posted by TransAxle
    Had you shoot him though you would have been arrested!
    Wrong!

    See the bolded part? I believed that he was there to either harm me (defense) or carjack me (felony). I can shoot him if he is going to commit a felony after entering my habitation (carjacking).

    16-3-23.
    A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other´s unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
    (1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
    (2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
    (3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
    AIM: RuinerTT
    2005 Nissan Pathfinder LE

  3. #3
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    Quote Originally Posted by Ruiner
    Wrong!

    See the bolded part? I believed that he was there to either harm me (defense) or carjack me (felony). I can shoot him if he is going to commit a felony after entering my habitation (carjacking).

    16-3-23.
    A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other´s unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
    (1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
    (2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
    (3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
    Putting one in his skull at the time is excessive force! If the man didnt have a gun and no weapon, an you did, just putting one inhim is EXCESSIVE force, becuase all you had to do was put it in his face and you have control of the situation until police arrive!

  4. #4
    When negotiations fail... Ruiner's Avatar
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    Quote Originally Posted by TransAxle
    Putting one in his skull at the time is excessive force! If the man didnt have a gun and no weapon, an you did, just putting one inhim is EXCESSIVE force, becuase all you had to do was put it in his face and you have control of the situation until police arrive!
    Wrong. I am not willing to take the risk of force needed to prevent the commission of a felony. You might take that risk, but good luck. Thus, the force IS NOT excessive. Not when you are in your habitation.
    AIM: RuinerTT
    2005 Nissan Pathfinder LE

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