Search found 4 matches

by WildBill
Mon Dec 23, 2013 1:09 pm
Forum: New to CHL?
Topic: legal definition of "flashing"???
Replies: 29
Views: 4348

Re: legal definition of "flashing"???

K.Mooneyham wrote: Okay, that's a little more toward what I was thinking. However, that is a pretty far extreme between both of those scenarios. I worry more about something a little more "real-world", though, like a guy who's got 20 or 25 pounds and 2 or 3 inches on me in height with his fists balled up saying he's going to "whoop me" while in a parking lot at the local Wallyworld. Like I said, I'm generally going to beat a hasty retreat, but I would imagine that isn't always possible. And though I probably wasn't clear enough to begin with, I'm most concerned about how {Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.} comes into play in a situation like that.
Again, I think that it is going to boil down to the totality of circumstances. At least for me, in the "real world", 20-25 pounds or 2-3" in height isn't going to be a factor. The bottom line is: I am not getting into a physical altercation with a stranger in a parking lot. If I believe that I am in fear of great bodily harm, then I will act accordingly. Again, I am not a lawyer, but I believe that if you can reasonably articulate your reason for displaying your weapon in this type of circumstance you won't be breaking the law and would not be charged with a crime.

Here's another scenario in a parking lot. I am going to my car with a basket full of things that I bought in the store. A man runs up and grabs a bag of my stuff and runs away. Will I draw? Probably not. If I reach to stop him and he hits me or grabs me or knocks me down or shows a weapon, my response will probably be different.
by WildBill
Mon Dec 23, 2013 12:58 pm
Forum: New to CHL?
Topic: legal definition of "flashing"???
Replies: 29
Views: 4348

Re: legal definition of "flashing"???

K.Mooneyham wrote:Oh come on now, no need to get silly with it. Did I say something that should have led things in that direction? I really was trying ask a serious question.
This is a serious subject. I apologize for my levity. :tiphat:
by WildBill
Sun Dec 22, 2013 3:48 pm
Forum: New to CHL?
Topic: legal definition of "flashing"???
Replies: 29
Views: 4348

Re: legal definition of "flashing"???

Oldgringo wrote:
WildBill wrote:
K.Mooneyham wrote:Okay, I'd like to get some clarification about "verbal provocation alone". I understand that would include an individual using foul language toward you, but what about a communicated threat of doing you bodily harm? If possible, personally I'm going to depart the area with a quickness. However, I'm curious where a communicated threat falls in regards to the penal code.
IANAL, but I believe that it has to do with the totality of the circumstances. If it obvious that the person "provoking you verbally" doesn't have the physical capability or means of carrying out the threat, then the use of lethal force would not be justified.

Other's please feel free to correct or elaborate. :tiphat:
:iagree: with WildBill, shooting a parapalegic or a multiple amputee will probably not be well received; however, ymmv.
You forgot old blind grandmothers. ;-)
by WildBill
Sun Dec 22, 2013 2:36 pm
Forum: New to CHL?
Topic: legal definition of "flashing"???
Replies: 29
Views: 4348

Re: legal definition of "flashing"???

K.Mooneyham wrote:Okay, I'd like to get some clarification about "verbal provocation alone". I understand that would include an individual using foul language toward you, but what about a communicated threat of doing you bodily harm? If possible, personally I'm going to depart the area with a quickness. However, I'm curious where a communicated threat falls in regards to the penal code.
IANAL, but I believe that it has to do with the totality of the circumstances. If it obvious that the person "provoking you verbally" doesn't have the physical capability or means of carrying out the threat, then the use of lethal force would not be justified.

Other's please feel free to correct or elaborate. :tiphat:

Return to “legal definition of "flashing"???”