BG scenerios...

[Kythas]

Under the Castle Doctrine, if a person unlawfully, and by force, enters, or attempts to enter, your home or vehicle, there is a presumption under the law that they are there to kill you or commit you great bodily harm. Deadly force is absolutely justified.

SECTION 1. Section 9.01, Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows:

(4) "Habitation" has the meaning assigned by Section 30.01.

(5) "Vehicle" has the meaning assigned by Section 30.01.



SECTION 2. Section 9.31, Penal Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows:

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

[bdickens]

Now that we've dispensed with the legalities, let's turn to practicalities.

I think that slamming the car door into the BG would buy you the crucial second or so necessary to react effectively to the threat.

[KD5NRH]

I kinda took that same approach to people with keys. I always walk out to my car with my left (weak) hand holding the keys and my right hand free for my gun.

I do similar, but there's only the car key attached to a kubotan; if he's close enough to use a knife, he's close enough to get himself hurt even before he gets shot. If he's out of hand-to-hand range with a gun, it's a little extra weight and leverage to toss the key right where I want it while I draw.

At least, that's the theory. As always, the practice might involve screaming like a little girl and running, so I'll just try to avoid finding out for sure.

[HerbM]

I kinda took that same approach to people with keys. I always walk out to my car with my left (weak) hand holding the keys and my right hand free for my gun.

Agreed -- keys in hand.

Also, most people, most of the time, should not head DIRECTLY "at" their own car but towards one nearby/next-row until close then change directions when close. Frequently the best choice is to "aim" for one much further away than your care which lies along the line to reach the further car -- that focus is visually detectable and if you just walk towards your destination by the shortest path.

Avoid allowing the predator who is stalking to preposition himself near your car easily. If he is waiting at the car parked next to the one you are focused on, then when you change direction he cannot easily reposition without giving you more information and more warning of an impending threat.

Don't be predictable. Even at a crowded WalMart in broad daylight.

If you see a threat that might be an ambush -- check your six too. You may be in a pincer.

Time and distance are your friends.

[Skiprr]

And I'm an advocate of carrying a container of OC (pepper spray), conspicuously visible, on that key ring. We guys have to get over the machismo thing here.

The reason is that--unless you're dealing with a true loony who thinks the Martians are invading and that you're one of them--you gotta remember there is no such thing as a completely random crime. If you're targeted by a VCA, it's for a reason: like any predator, he's going to select the prey he feels is the best bet to attack. It may be the Lexus you're driving, the Rolex you're wearing, the fact that you're talking on your cell phone and not paying attention, that you're small of stature, walk with a limp, just in the wrong place at the wrong time...whatever.

Bottom line, if you're targeted it means you have been selected; it isn't random. So you don't want to be selected.

I helped with a training class this past weekend, and was reminded of something Gregg Garrett brought up during his clinic at the 2007 Texas CHL Forum Day. He talked about an incarcerated felon (armed robbery) who authorities engaged in a brief study. They had a video camera set up in a populated shopping area, and seeded the shoppers with some plainclothes LEOs. The bad guy watched the video and indicated who he might and might not target to rob. There were many regular shoppers that never got selected, and he never selected one of the LEOs. And though the perp couldn't necessarily verbalize why he would eliminate someone as a target, the common trait was that all the people not selected were visibly attentive of their surroundings: they weren't preoccupied with iPods or cell phones, they looked around, they stayed aware of the people near them.

Similarly, a can of OC near your fingers adds input to the selection process. If you are actively, visibly aware of your surroundings and you're carrying pepper spray, that's a pretty good indication to a bad guy that an understanding of personal security is part of your life. If you and your twin come out of the Wal-Mart a few minutes apart, and your twin is talking on his cell phone and looking up only enough to make sure he doesn't get run over by an F150, but you have your head up, scanning, looking at people and the environment, and you have a tidy can of Fox OC near your fingertips...which do you think the bad guy will select as possible prey?

Your first line of defense should always be: "Avoid being selected."

[HerbM]

And I'm an advocate of carrying a container of OC (pepper spray), conspicuously visible, on that key ring. We guys have to get over the machismo thing here.
The reason is that--unless you're dealing with a true loony who thinks the Martians are invading and that you're one of them--you gotta remember there is no such thing as a completely random crime. If you're targeted by a VCA, it's for a reason: like any predator, he's going to select the prey he feels is the best bet to attack. It may be the Lexus you're driving, the Rolex you're wearing, the fact that you're talking on your cell phone and not paying attention, that you're small of stature, walk with a limp, just in the wrong place at the wrong time...whatever.

Bottom line, if you're targeted it means you have been selected; it isn't random. So you don't want to be selected.

Yes, and I would prefer not shooting the guy defending against the Martians in SOME cases.

Even without the macho part, we are mostly going to have a tendency to wait TOO LONG before using the firearm. OC gives us an intermediate response and something, as you say, we can display much earlier.

If you show your firearm in encounters with potential attackers, much less draw it, that is already Deadly Force. This is the presumed for firearms but not necessary for other defenses.

I helped with a training class this past weekend, and was reminded of something Gregg Garrett brought up during his clinic at the 2007 Texas CHL Forum Day. He talked about an incarcerated felon (armed robbery) who authorities engaged in a brief study. They had a video camera set up in a populated shopping area, and seeded the shoppers with some plainclothes LEOs. The bad guy watched the video and indicated who he might and might not target to rob. There were many regular shoppers that never got selected, and he never selected one of the LEOs. And though the perp couldn't necessarily verbalize why he would eliminate someone as a target, the common trait was that all the people not selected were visibly attentive of their surroundings: they weren't preoccupied with iPods or cell phones, they looked around, they stayed aware of the people near them.

Similarly, a can of OC near your fingers adds input to the selection process. If you are actively, visibly aware of your surroundings and you're carrying pepper spray, that's a pretty good indication to a bad guy that an understanding of personal security is part of your life. If you and your twin come out of the Wal-Mart a few minutes apart, and your twin is talking on his cell phone and looking up only enough to make sure he doesn't get run over by an F150, but you have your head up, scanning, looking at people and the environment, and you have a tidy can of Fox OC near your fingertips...which do you think the bad guy will select as possible prey?

Your first line of defense should always be: "Avoid being selected."

There have been a number of controlled studies on victims and victimizations (and this may be what he is referencing) -- merely changing the WALK can have a big effect too, in addition to, or separate from, alertness per se.

People who look like food will get eaten.

Victim Selection and Kinematics: A Point-Light Investigation of Vulnerability to Attack by: Rebekah E Gunns, Lucy Johnston, Stephen M Hudson

Three experiments used a point-light methodology to investigate whether movement style specifies vulnerability to physical attack. Both female (Experiment 1) and male (Experiment 2) walkers could be differentiated according to ease-of-attack based solely on the kinematic information provided whilst walking. Specific walking style features predicted ease-of-attack and profiles of prototypically “easy to attack� and “difficult to attack� walkers were identified. Variations in walking style as a function of clothing and footwear style were also shown to predict differences in ease-of-attack ratings (Experiment 3). Theoretical and practical implications of these findings are considered.

Changing Kinematics as a Means of Reducing Vulnerability to Physical Attack1
Lucy Johnston,Stephen M. Hudson,Michael J. Richardson1,Rebekah E. Gunns,Megan Garner

Three experiments investigated whether women can change their walking style and hence reduce their vulnerability to physical attack. In Experiment 1, women were videotaped walking normally and when imagining themselves in a situation of low personal safety. Women were rated as harder to attack in the low safety condition. Differences in walking style accounted for differences in ease-of-attack ratings. Experiment 2 compared walking styles and vulnerability of women before and after completing a self-defense course. No differences were seen across sessions. Experiment 3 investigated walking styles and vulnerability of women before and after completing individualized walking training programs. Differences in vulnerability between sessions were revealed and could be accounted for by changes in walking-style features.

Attracting Assault: Victims’Nonverbal Cues
A Theoretical Analysis of Nonverbal Communication and Victim Selection for Sexual Assault
Lynne Richards Department of Design, Housing & Merchandising, Oklahoma State University, Stillwater, OK 74078-0337

Research has suggested that (a) victims of sexual assault evidence significant passive and submissive personality structures, (b) such submissive affective traits are characteristic of victims prior to their assaults, (c) sexual assault offenders look for visual cues of vulnerability when selecting a victim, (d) females high and low in submissiveness exhibit different clothing and body language behaviors, and (e) males form differing perceptions of females who are high versus low in submissive personality traits. Propositions associated with theories of self enhancement, communication, perception, and impression formation were united to form a more comprehensive theoretical perspective upon nonverbal communication. This perspective, when analyzed against the results of the abovementioned sexual assault research, provided a logical explanation of the victim selection process wherein nonverbal appearance cues (both body adornment and body language) play a paramount role.

Body Language and Assault Prevention: A Review of the Literature by Brad Binder, Ph.D. http://userpages.chorus.net/wrassoc/art ... dylang.htm

Victim Responses by Rapist Type An Empirical and Clinical Analysis
ROBERT ALAN PRENTKY Massachusetts Treatment Center
ANN WOLBERT BURGESS University of Pennsylvania
DANIEL LEE CARTER Massachusetts Treatment Center

This study of 108 convicted, incarcerated rapists and their 389 victims had two goals. The first goal was to examine empirically the hypothesized interaction of differentiated subgroups of rapists with combative and noncombative victim responses. If such an interaction exists, it is imperative to understand its implications for a potential victim of sexual assault. Consequently, the second goal was to address that issue by setting forth clinically derived recommendations for alternative resistive responses based upon the presumptive psychological and motivational themes underlying four subgroups of rapists. Although relatively abstract suggestions are being made about behavior in a highly traumatic situation, knowledge may be the only weapon a victim has. As such, knowledge can provide a sense of power as well as the confidence necessary to act rather than resign out of helplessness.

If you look like a sheep, it is best to stay in the center of the herd and try not to look conspicuous.

[Armed-Texan]

What if your park at a mall or store parking lot, or are walking towards your car to leave, then all of the sudden you get a gun or a knife pointed at you and a BG asking you to get out, ?

the only thing going through my head at that point would be "can I draw and fire faster than he can".

I assume if someone is pointing a gun at me, they are planning to kill me. I will always assume that unless its a cop.

why would you assume differently about a cop?