shootniron
New member
In your state, what type of weapon would a BG have to be wielding for you to be justified in employing your CCW?
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Deadly Weapon
- Thread starter shootniron
- Start date
Crazy88Fingers
New member
In Florida you (or someone else) need to be facing imminent death or great bodily harm to use deadly force against an attacker. I don't believe there's an official list of weapons anywhere. Knives and guns certainly fit the bill though.
And, depending on the circumstances, you could include baseball bats, tire irons, brass knuckles, broken beer bottles, or just a really big and angry guy. It all depends on the who, what, when, where, why.
And, depending on the circumstances, you could include baseball bats, tire irons, brass knuckles, broken beer bottles, or just a really big and angry guy. It all depends on the who, what, when, where, why.
In Utah, deadly force can be used "to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force" or to prevent the commission of a forcible felony such as "aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property.
(b) Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony.
(c) Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted."
There is no Utah code that defines what kind of a weapon has to be deployed before I can deploy mine.
(b) Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony.
(c) Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted."
There is no Utah code that defines what kind of a weapon has to be deployed before I can deploy mine.
youngunz4life
New member
if BG has a gun all bets are off. I'm just keeping it real with you & notice I said if BadGuy has a gun. if BG comes at me or my family with a knife same answer
shootniron
New member
if BG has a gun all bets are off. I'm just keeping it real with you & notice I said if BadGuy has a gun. if BG comes at me or my family with a knife same answer_
What about a ball bat or piece of chain......
youngunz4life
New member
shootniron
good point - I hadn't thought that far ahead. I guess I would do what I had to do to defend myself and/or my family(or possibly another innocent person depending on the particular situation).
What about a ball bat or piece of chain......
good point - I hadn't thought that far ahead. I guess I would do what I had to do to defend myself and/or my family(or possibly another innocent person depending on the particular situation).
shootniron
New member
Just for the record, if he comes at me with a bat, chain or any other "hard" object.....it is game on as far as I am concerned.
Aguila Blanca
Staff
In my state, as in most, an assailant doesn't necessarily have to have any weapon. The test here (and in most states) is that you are justified in using deadly force to defend yourself if you reasonably believe that you are in danger of losing your life or incurring serious injury (many states call it "grievous bodily harm").shootniron said:In your state, what type of weapon would a BG have to be wielding for you to be justified in employing your CCW?
I'm a senior citizen with a bad back and arthritis. Just about any high school or college athlete, and most of the punks who inhabit the 'hood, have me outmatched, physically. A single punch can kill.
In Nebraska....
If the attacker has the Ability, Opportunity, and you are in Jeapordy of
We are working on that last part...... Castle Doctrine.......
That said, there is a fine example right here in my little ville that a young man with fists fits that standard: One such young man that lives here decided it would be a fine idea to sucker punch the next guy he met on the street. He did so, and the victim hit his head on the concrete sidewalk, and never regained consciousness. Fists can kill you. I am too old to run or fight with my fists.
If the attacker has the Ability, Opportunity, and you are in Jeapordy of
and are Precluded from any other reasonable course of action.....death or great bodily harm
We are working on that last part...... Castle Doctrine.......
That said, there is a fine example right here in my little ville that a young man with fists fits that standard: One such young man that lives here decided it would be a fine idea to sucker punch the next guy he met on the street. He did so, and the victim hit his head on the concrete sidewalk, and never regained consciousness. Fists can kill you. I am too old to run or fight with my fists.
weapons
I've tried to make my wife understand that any male threating her with bodily harm or entering our home/auto by force is a LIFE threat or represents a justifiable defense. If you were a gas station clerk and someone has a pencil in thier hand threatening you, it's a weapon imo. When the term weapon is defined as a specific item, we will be at the mercy of all other items.
I've tried to make my wife understand that any male threating her with bodily harm or entering our home/auto by force is a LIFE threat or represents a justifiable defense. If you were a gas station clerk and someone has a pencil in thier hand threatening you, it's a weapon imo. When the term weapon is defined as a specific item, we will be at the mercy of all other items.
shootniron
New member
I've tried to make my wife understand that any male threating her with bodily harm
It is my understanding that in most states the courts have a different standard for men than they do women. I do not know this to be a fact, this is just what I have determined from reading on the subject.
In Fla, a verbal threat directed to you personally is all you need... "disparity of force' or what ever the term describing a big thug against a little feller with physical limitations like myself has less to articulate to prove the threat was real and use of force justified.
No weapon of man made variety is needed by the Bg to justify force up to and including lethal force...
T top it off... we, in fla, don't even need to fear personal death or ijury to use a weapon against another... We can draw and use any weapon at our disposal to stop, detain or drop a BG who we see commit a "violent felony" of these... arson is but one...
Florida don't put the ball in the criminal's court and committing violent felony with witness' is not a particularly wise, safe or advisable way for a BG to pass his free time?
Brent
No weapon of man made variety is needed by the Bg to justify force up to and including lethal force...
T top it off... we, in fla, don't even need to fear personal death or ijury to use a weapon against another... We can draw and use any weapon at our disposal to stop, detain or drop a BG who we see commit a "violent felony" of these... arson is but one...
Florida don't put the ball in the criminal's court and committing violent felony with witness' is not a particularly wise, safe or advisable way for a BG to pass his free time?
Brent
redlevel42
New member
You may consider the other part of the conundrum, did you have the means of retreat or avoidance that would have concluded it without the use of deadly force??
In Georgia, at least, there is no "duty to retreat."
http://www1.legis.ga.gov/legis/2005_06/fulltext/sb396.htm
In Georgia, at least, there is no "duty to retreat."
http://www1.legis.ga.gov/legis/2005_06/fulltext/sb396.htm
In Georgia, at least, there is no "duty to retreat."
Ms either. You can use deadly force to protect your property no matter where or what it is. Be it breaking into your car in the driveway or attempting to steal a yard gnome.
I just read MS 97-3-15 and 97-3-17 and didn't see any part of the code that would allow this for anything short of a felony. Did I misread the code or is there another portion of MS code that addresses this? If so, would you cite it, please?Hawg Haggen said:Ms either. You can use deadly force to protect your property no matter where or what it is. Be it breaking into your car in the driveway or attempting to steal a yard gnome.
Sometimes people confuse a deadly weapon with a dangerous instrument. Deadly weapons are usually defined under statute, and refer to specific items. Such as firearms, some knives, some striking tools, etc. Deadly weapons are usually things manufactured with the specific purpose of doing deadly phyisical injury to our fellow human beings.
A dangerous instrument while often no less deadly is a device or instrument that has another specific legitimate use other than doing physical harm. But when used in such a manner can cause deadly physical injury.
Dead from a dangerous instrument is pretty much the same as dead from a deadly weapon.
My opinion (worth about two cents) is that when defending yourself against a dangerous instrument there is an added burden to your affermative defense. That burden would be to prove that the object used to threaten, or assault you wasnt being used for legitimate purposes. Where with a deadly weapon there is a safe assumption that the user meant you some harm.
Also with a dangerous instrument it may be more difficult sometimes to prove intent, or premeditation by the bad actor.
A dangerous instrument while often no less deadly is a device or instrument that has another specific legitimate use other than doing physical harm. But when used in such a manner can cause deadly physical injury.
Dead from a dangerous instrument is pretty much the same as dead from a deadly weapon.
My opinion (worth about two cents) is that when defending yourself against a dangerous instrument there is an added burden to your affermative defense. That burden would be to prove that the object used to threaten, or assault you wasnt being used for legitimate purposes. Where with a deadly weapon there is a safe assumption that the user meant you some harm.
Also with a dangerous instrument it may be more difficult sometimes to prove intent, or premeditation by the bad actor.