Confinement as justifiable force

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txinvestigator
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#31

Post by txinvestigator »

64zebra wrote:
gigag04 wrote:
64zebra wrote:Whether I see a weapon in his hand or not, the 21ft rule applies in my house and on the street so if he makes a bad move its over with.
The "21 ft" rule (I'll spare you the proper name) applies in situations where your weapon is not at the ready and an attacker is armed with a knife. If you are investigating something suspisious with a holstered/unready weapon then you need a better plan of action.

---I know about the 21 foot rule, thats why I mentioned it, point being that if someone is in my house that close that they can close the distance to me with a blunt object/blade/etc really quickly and I'll have to be prepared for that
64zebra wrote: If they end up being unarmed then so be it, they shouldn't have broken into my house in the first place and made me feel threatened.
Have fun in court. What if its your son's friend who is running from something dangerous? I could list many more "what ifs" that would get you in a heap of trouble with this mindset. Just read all the horror stories on people that acted without proper threat identification. Charles even has one (a certain shirt attack). This quoted statement is rediculous and gives me the impression you are irresponsible. It isn't your fault you shot someone you shouldn't have - they MADE YOU feel threatened...even if in ignorance.

I'm not trying to pick a fight, but you really need to reconsider this point because the ramifications of this can be huge and even endager people's lives.

-nick
---I guess I should feel sorry for someone that has broken into my house and that I feel may have a weapon and could harm me
Wrong answer again. You can't use deadly force against someone who you "feel' MAY have a weapon and "could" harm you. Read my post above for the legal requirements.


ex: unarmed man that was shot by a DPS trooper here in town recently, guy made a threatening move that gave the impression he was armed and he got shot in the head, grand jury cleared the trooper;
He was not cleared beause the guy gave the "impression" of anything. In that situation, the Trooper reasonably believed that the person was attempting to use deadly force against him, and he reasonably believed that deadly force was immediately necessary to stop the persons unlawful use of deadly force.
listen, I'm not looking for trouble from anyone, I am a responsible person and firearms owner and there is no need to continue this little disagreement if you're going to say my reasons for defending myself are ridiculous,
I have an opinion about defending myself and I think everyone out there should too
---I don't think my statement is ridiculous at all, I'm just a man that will protect himself and his family
You SHOULD protect your family. However, your statements here give rise to the appearance that you are unaware of the law and a little too anxious to drop the hammer on somone.

Making blanket statements that you would do this or that under vague and what will be dynamically changing situations leads us to that conclusion, and it will limit your ability to think on your feet and evaluate the situation as it unfolds in front of you.

If you see a weapon and the person does anything that you believe could harm you or your family, deadly force is certainly an option. However, I believe it is irresponsible to state things like "if he makes on wrong move its over".

I am a former cop, a current CHL and DPS private security firearms instructor. I attend MANY shooting schools. There is nothing macho about being too anxious to use deadly force. I pray that I am never again faced with being forced to use deadly force. If I DO have to use it, it will be because the other person left me NO other option.

Here is a tip from the CHL test;

Deadly Force shoud be used as____________________.


last resort

Be safe
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.

kw5kw
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#32

Post by kw5kw »

txinvestigator wrote:<SNIP>...I am a former cop, a current CHL and DPS private security firearms instructor. I attend MANY shooting schools. There is nothing macho about being too anxious to use [USING] deadly force. I pray that I am never again faced with being forced to use deadly force. If I DO have to use it, it will be because the other person left me NO other option.
<SNIP>
I pray that you will never have to use deadly force again as well.
I, acutally, pray that NONE of us here have to use deadly force ... EVER!

I carry as a "Deterent" to crime, not to be the cause of a crime. I pray that if I ever have to unholster my weapon, that such display will be enough to make said "perp" 'give up the ship' and retreat.

If he has a weapon, and if he is retreating and he does not move his weapon in my direction, then he is free to go...

One thing... if my weapon is drawn, 911 better be on the other end of the line recording my every move as I am making them... recording every warning that I give so that everyone knows what is happening, while it is happening so that when the LEO's arrive... and they will arrive... I am NOT mistaken for the perp in any way, shape or fashion. I will surrender my weapon at the first request, and let them handle the situation from that second forward.

Russ
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64zebra
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#33

Post by 64zebra »

Russ....AGREED

txinvestigator
Quote
NO it does not. Your feelings are never mentioned in the law. The law state that you must reasonably believe that deadly force is immediately necessary to protect yourself against the others use or attempted use of unlawful deadly force. If not in your house, you can only use that deadly force if the above conditions are met AND if a reasonable person in your situation would not have retreated .

ok,
If I feel I'm threatened thats me saying I reasonably believe that I need to protect myself or others from a threat that I belive could be deadly, my apologies for not spitting out penal code legalese when I post

Quote
The 21 foot "rule" is a self-defense concept, not a piece of law. What would be a "bad move" and exactly what is "its over with" supposed to mean?

I know its not a piece of law, I never said it was, what I meant was I know what the 21ft rule is and why its taught to LEO and that us civilians should keep that concept in mind, for a bad guy can close the distance and we can be stabbed/hit with blunt object in a situation just like LEO can be, thats all I meant, my aplogies again if I didn't express that correctly
also I apologize for using "bad move" = I believe the person is going to use or attempt to use unlawful deadly force, also I used the term "its over with" = I will have had to resort to firing my weapon in selfdefense for above stated scenario, and I would not hesitate to if absolutely needed

Quote
**sigh** I hope you have a good attorney.

**sigh** I don't mean to insult you and don't take this wrong, but I think you're going overboard with me if I don't type penal code verbatim in explaining a situation or offering an opinion. Its not out of being careless or wanting to shoot people when not justified, just different ways of saying things. I'm not a lawyer or a cop so my use of certain terminology isn't like yours. I know when I can and can't use my weapon--drawing or actually firing it. I would never do so outside the law and only as a last resort.

quote
your statements here give rise to the appearance that you are unaware of the law and a little too anxious to drop the hammer on somone.

no I'm not trigger happy looking to shoot someone the first chance I get...far from it. I guess I could have stated more clearly that if I was in a situation and reasonably believed that illegal deadly force was about to be used on me then I would not hesitate to defend myself against that force, but I don't usually talk everyday using penal code lingo.


Quote
Being in your house is not a felony. He must be there with the intent to commit a felony, theft or assault, for it to be a burglary.
Lets say the autistic teenager who lives two strets over gets confused and forces his way into your house at 2am. He is NOT committing a burglary.

ok, if it was an autistic teenager and it all ended up legit I'd have no problem with that, I wouldn't press charges. But if you're saying someone has forced there way into my house at 2am they haven't committed a crime? so if they busted down the door/broke windows then left and were caught by the police down the street they would be let go since they didn't commit a crime? I really don't understand that. Please by all means give me your valued and respected LEO insight on this and explain this to everyone.
I've also stated that I have lights in place in the rooms and weapon-mounted to help identify and would definitely use them.

quote
I am a former cop, a current CHL and DPS private security firearms instructor. I attend MANY shooting schools. There is nothing macho about being too anxious to use deadly force. I pray that I am never again faced with being forced to use deadly force. If I DO have to use it, it will be because the other person left me NO other option.
Here is a tip from the CHL test;
Deadly Force shoud be used as____________________.
last resort

tx...thanks for your service to our state. I have nothing but the highest respect for LEO. I have friends and relatives that are/were LEO Thanks for teaching CHL classes so others will know this valuable skill and knowledge. I don't think anything is macho with CHL or firearms and I'm sure not anxious to use deadly force. I too hope I never have to use it and I've said that before. Heck, I hope I never have to draw a weapon on somebody. But, I train to defend me and mine and I won't hesitate or wait until I'm shot to respond to an imminent deadly threat to me or mine.
Sorry for the long post but I want to put this to rest.
LEO/CHL Certified Glock Armorer
Guns: not enough space here, but G17 duty/G30 off/S&W 642 BU
Independence is declared; it must be maintained. Sam Houston-3/2/1836
If loose gun laws are good for criminals, why do criminals support gun control?

txinvestigator
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#34

Post by txinvestigator »

64zebra wrote:Russ....AGREED

txinvestigator
Quote
NO it does not. Your feelings are never mentioned in the law. The law state that you must reasonably believe that deadly force is immediately necessary to protect yourself against the others use or attempted use of unlawful deadly force. If not in your house, you can only use that deadly force if the above conditions are met AND if a reasonable person in your situation would not have retreated .

ok,
If I feel I'm threatened thats me saying I reasonably believe that I need to protect myself or others from a threat that I belive could be deadly, my apologies for not spitting out penal code legalese when I post

Quote
The 21 foot "rule" is a self-defense concept, not a piece of law. What would be a "bad move" and exactly what is "its over with" supposed to mean?

I know its not a piece of law, I never said it was, what I meant was I know what the 21ft rule is and why its taught to LEO and that us civilians should keep that concept in mind, for a bad guy can close the distance and we can be stabbed/hit with blunt object in a situation just like LEO can be, thats all I meant, my aplogies again if I didn't express that correctly
also I apologize for using "bad move" = I believe the person is going to use or attempt to use unlawful deadly force, also I used the term "its over with" = I will have had to resort to firing my weapon in selfdefense for above stated scenario, and I would not hesitate to if absolutely needed

Quote
**sigh** I hope you have a good attorney.

**sigh** I don't mean to insult you and don't take this wrong, but I think you're going overboard with me if I don't type penal code verbatim in explaining a situation or offering an opinion. Its not out of being careless or wanting to shoot people when not justified, just different ways of saying things. I'm not a lawyer or a cop so my use of certain terminology isn't like yours. I know when I can and can't use my weapon--drawing or actually firing it. I would never do so outside the law and only as a last resort.
I am glad you got to this point. You don't need to be an attorney to defend yourself. However, getting away from phrases such as "I felt he could have a weapon" and using phrases such as "I believe the person is going to use or attempt to use unlawful deadly force," is MUCH better for you.
quote
your statements here give rise to the appearance that you are unaware of the law and a little too anxious to drop the hammer on somone.

no I'm not trigger happy looking to shoot someone the first chance I get...far from it. I guess I could have stated more clearly that if I was in a situation and reasonably believed that illegal deadly force was about to be used on me then I would not hesitate to defend myself against that force, but I don't usually talk everyday using penal code lingo.
Sorry to do that to you, but it is important to get away from concepts such as "I feel" and getting to concepts like "I told him to NOT MOVE, and he began to move towards me. Considering the late hour and finding him in my house and he charged me, I believed my life was threatened" ;)

Quote
Being in your house is not a felony. He must be there with the intent to commit a felony, theft or assault, for it to be a burglary.
Lets say the autistic teenager who lives two strets over gets confused and forces his way into your house at 2am. He is NOT committing a burglary.

ok, if it was an autistic teenager and it all ended up legit I'd have no problem with that, I wouldn't press charges. But if you're saying someone has forced there way into my house at 2am they haven't committed a crime? so if they busted down the door/broke windows then left and were caught by the police down the street they would be let go since they didn't commit a crime? I really don't understand that. Please by all means give me your valued and respected LEO insight on this and explain this to everyone.
The penal code does not allow the use of force to protect yhou from "crime". It is very specific in WHAT crimes you are allowed to use force or deadly force.


quote
I am a former cop, a current CHL and DPS private security firearms instructor. I attend MANY shooting schools. There is nothing macho about being too anxious to use deadly force. I pray that I am never again faced with being forced to use deadly force. If I DO have to use it, it will be because the other person left me NO other option.
Here is a tip from the CHL test;
Deadly Force shoud be used as____________________.
last resort

tx...thanks for your service to our state. I have nothing but the highest respect for LEO. I have friends and relatives that are/were LEO Thanks for teaching CHL classes so others will know this valuable skill and knowledge. I don't think anything is macho with CHL or firearms and I'm sure not anxious to use deadly force. I too hope I never have to use it and I've said that before. Heck, I hope I never have to draw a weapon on somebody. But, I train to defend me and mine and I won't hesitate or wait until I'm shot to respond to an imminent deadly threat to me or mine.
Sorry for the long post but I want to put this to rest.
I hope you see that I am not trying to bust your chops. I hope this has been helpful for you. And I am compelled to say, if I at all misread you, I apoligize.

Be safe, friend.
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.
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64zebra
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#35

Post by 64zebra »

good, now lets go fishing
LEO/CHL Certified Glock Armorer
Guns: not enough space here, but G17 duty/G30 off/S&W 642 BU
Independence is declared; it must be maintained. Sam Houston-3/2/1836
If loose gun laws are good for criminals, why do criminals support gun control?

Diode
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#36

Post by Diode »

64zebra wrote:good, now lets go fishing
I just hear you two ina fishing boat..... Wheeeeee! :willynilly:

txinvestigator
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#37

Post by txinvestigator »

Diode wrote:
64zebra wrote:good, now lets go fishing
I just hear you two ina fishing boat..... Wheeeeee! :willynilly:
Ahhh, give a man a fish and you feed him for a day. Teach him to fish and he will sit in a boat all day drinking beer and telling war stories. ;)
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.

Venus Pax
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#38

Post by Venus Pax »

That's a good one, txinvestigator.
"If a man breaks in your house, he ain't there for iced tea." Mom & Dad.

The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.
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64zebra
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#39

Post by 64zebra »

wish I was able to do that with tx or anyone right now :), get to go fishing and shooting for vacation, counting the days
LEO/CHL Certified Glock Armorer
Guns: not enough space here, but G17 duty/G30 off/S&W 642 BU
Independence is declared; it must be maintained. Sam Houston-3/2/1836
If loose gun laws are good for criminals, why do criminals support gun control?

KBCraig
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#40

Post by KBCraig »

txinvestigator wrote:
Diode wrote:
64zebra wrote:good, now lets go fishing
I just hear you two ina fishing boat..... Wheeeeee! :willynilly:
Ahhh, give a man a fish and you feed him for a day. Teach him to fish and he will sit in a boat all day drinking beer and telling war stories. ;)
You know why have have to take two Baptists fishing? Because if you only take one, he'll drink all your beer! :grin:

Kevin
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