Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

When can you legally use a gun against an unarmed person?
Legal Insurrection ^ | August 31, 2014 | Andrew Branca

Posted on 08/31/2014 9:19:21 PM PDT by 2ndDivisionVet

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-39 last
To: 2ndDivisionVet
When can you legally use a gun against an unarmed person?

In many states a person can use deadly force even if they are not protecting themself or another person from an imminent threat of death or serious bodily harm. For example, in many states a person can use deadly force to stop an arson, kidnapping, burglary of a dwelling place, or sexual assault (other than statutory rape).

21 posted on 09/01/2014 6:07:04 AM PDT by Labyrinthos
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Noble

All these “feel good” stories by Monday Morning quarterbacks are nothing more than keeping the fires burning against Officer Wilson. Lets wait until the Grand Jury comes back with their “recommendations” before we buy new rope. Personally, I hope the cop is NEVER charged but, like Geo Zimmerman, he’s already been “convicted”.


22 posted on 09/01/2014 6:07:45 AM PDT by DaveA37
[ Post Reply | Private Reply | To 20 | View Replies]

To: 2ndDivisionVet

Here in the People’s Socialist RepuliK of Illinois (which mirrors California alot!) once a perp turns his back and attempts to flee a situation, the law says we have to let him go. Unfortunately.


23 posted on 09/01/2014 6:13:53 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

“it is merely one of perhaps an infinite number of means of exerting force. “

another is storing force in your mass to unload at a specific point, as Brown was doing.


24 posted on 09/01/2014 6:17:03 AM PDT by TalBlack (Evil doesn't have a day job.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VanShuyten
Now I live in Virginia, and I can use deadly force only if I fear death or grievous injury to myself or others. If I shoot a thief, I will go to prison.

North Carolina is the same.
A burglar in your house is not by itself justification to use deadly force. He must be threatening you or loved one.

25 posted on 09/01/2014 6:21:52 AM PDT by Vinnie
[ Post Reply | Private Reply | To 11 | View Replies]

To: 2ndDivisionVet

Big Mike was strong armed.


26 posted on 09/01/2014 6:39:24 AM PDT by rwa265 (Love one another as I have loved you, says the Lord.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

Is the US about to follow in the ridiculous path of the UK?

This push back by the criminal community is not unexpected as they continue to lose increasing numbers in their ranks.

This is a occupational hazard and they are organizing to increase their workplace safety.

No calls for a work stoppage though!


27 posted on 09/01/2014 7:19:19 AM PDT by School of Rational Thought
[ Post Reply | Private Reply | To 1 | View Replies]

To: School of Rational Thought
Who will round up those hundreds of millions of guns? Harry Reid & Nancy Pelosi? The very outnumbered police & sheriff's deputies? The increasingly smaller military (most of whom are not actual war-fighters) or the federal agents? Nope. The Chinese army? How are they going to get here?
28 posted on 09/01/2014 7:26:30 AM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Vinnie; VanShuyten

One word: Texas.


29 posted on 09/01/2014 7:27:39 AM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Jim Noble
http://www.spokesman.com/stories/2014/apr/09/gail-gerlachs-wife-says-she-feared-suv-thief-had/ excerpt (distance estimated at 20 to 60 feet noted at the end): She [the wife] said she was a few steps behind her husband the morning of the shooting when he began running. “He started jogging down the driveway, waving his arms over his head, yelling ‘Stop! Stop!’ ” Sharon Gerlach said.... Sharon Gerlach went to investigate the scene of the crash while her husband called 911, she said, because she was concerned about her longtime neighbor’s property. She wasn’t aware the SUV had stopped until she saw that it had crashed into the garage, and it was clear the driver was dead, she said.... Earlier Tuesday, jurors heard sharp questioning of forensics expert Gaylan Warren, a former employee of the state crime lab hired by Gerlach. Warren said a shooting scene reconstruction, what he called a “basic examination,” was not performed. Such a reconstruction, he said, would have indicated Gerlach did not fire directly behind the vehicle, but off to one side. He also said evidence of the bullet found on a car seat in the rear cargo area of the SUV indicated a piece of plastic deflected the bullet before it traveled through the headrest. Those 9 mm rounds were found about 60 feet from where a trail of glass appeared on Lee Street. The prosecution has said that’s evidence the SUV was that far away when Gerlach shot. But the defense says the vehicle could have been much closer, as near as 20 feet away.
30 posted on 09/01/2014 10:42:11 AM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Jim Noble
http://www.spokesman.com/stories/2014/apr/09/gail-gerlachs-wife-says-she-feared-suv-thief-had/

excerpt (distance estimated at 20 to 60 feet noted at the end):

She [the wife] said she was a few steps behind her husband the morning of the shooting when he began running.

“He started jogging down the driveway, waving his arms over his head, yelling ‘Stop! Stop!’ ” Sharon Gerlach said....

Sharon Gerlach went to investigate the scene of the crash while her husband called 911, she said, because she was concerned about her longtime neighbor’s property. She wasn’t aware the SUV had stopped until she saw that it had crashed into the garage, and it was clear the driver was dead, she said....

Earlier Tuesday, jurors heard sharp questioning of forensics expert Gaylan Warren, a former employee of the state crime lab hired by Gerlach. Warren said a shooting scene reconstruction, what he called a “basic examination,” was not performed.

Such a reconstruction, he said, would have indicated Gerlach did not fire directly behind the vehicle, but off to one side. He also said evidence of the bullet found on a car seat in the rear cargo area of the SUV indicated a piece of plastic deflected the bullet before it traveled through the headrest.

Those 9 mm rounds were found about 60 feet from where a trail of glass appeared on Lee Street. The prosecution has said that’s evidence the SUV was that far away when Gerlach shot. But the defense says the vehicle could have been much closer, as near as 20 feet away.

31 posted on 09/01/2014 10:44:44 AM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
[ Post Reply | Private Reply | To 20 | View Replies]

To: rwa265
Big Mike was strong armed.

I lie that, bears repeating every time he is described as unarmed

32 posted on 09/01/2014 11:06:27 AM PDT by rolling_stone (1984)
[ Post Reply | Private Reply | To 26 | View Replies]

To: WhiskeyX

Any ideas as to why the LAPD refused to use common sense?


33 posted on 09/01/2014 11:44:35 AM PDT by B4Ranch (Name your illness, do a Google & YouTube search with "hydrogen peroxide". Do it and be surprised.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: B4Ranch

“Any ideas as to why the LAPD refused to use common sense?”

There was not a clue. It was really perplexing and disturbing. Prior to the final incident, he and his mother had described to me what was happening to them. They showed how the existing deadbolt was being defeated when they kicked the front door open each time. You could see the broken wood door frame and how difficult it was to fix the damage to keep it from being to weak to offer any meaningful resistance to such kicking the next time.

We often discussed the problems and expense of installing a video surveillance system to catch the robbers in the act with videotape proof. The LAPD kept using the lack of independent witness testimony or other evidence as an excuse to do nothing meaningful about these attacks. We discussed how my friend could cut away the damaged part of the door frame and screw on a replacement block of wood holding a new and stronger deadbolt lock. In the final attack, the repaired deadbolt lock defeated the battering for awhile, but it ultimately failed when they battered it enough to breakaway the wood framing the repairs were screwed into. After the final attack it was necessary to remove the entire door frame and replace it with a new door frame. Still, the landlord refused to use a steel doorframe that could defeat such battering.

The son finally agreed to move the mother back to the East coast to live with the daughter to escape this nightmare.

About LAPD so far as I know basically refuse to make any comments justifying the arrest under California law except for the formal accusation that the friend was supposedly brandishing a firearm in violation of the law, and the witness testimony of the robbers was supposed to outweigh the witness testimonies of the mother and son, their smashed door, and their looted home. The LAPD also relied upon the inability of the mother and son to identify the persons who robbed their home to justify relying upon the robbers’ false allegations while giving no credence to the victims’ allegations. All of this happened almost within line of sight of the police station at the end of the block, after numerous complaints about the robberies had already been made to the same police station.

The only other factor was the Jewish ethnicity of the son and mother.


34 posted on 09/01/2014 12:05:31 PM PDT by WhiskeyX
[ Post Reply | Private Reply | To 33 | View Replies]

To: WhiskeyX

Your friend saw the robbers in his house and talked to them in the front yard and still couldn’t identify them? HUH? Something smells.

I can now understand the hesitancy of the LAPD to arrest them.


35 posted on 09/01/2014 2:16:44 PM PDT by B4Ranch (Name your illness, do a Google & YouTube search with "hydrogen peroxide". Do it and be surprised.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: B4Ranch
People who are very scrupulous may have a difficult time positively identifying someone that they saw briefly as they were fleeing a house.

Suppose there were multiple individuals as stated, suppose they were about the same size and glimpses of them were caught as they went out the door. Then, the person gets outside, and there are a number of people about the same size, shape and color in the neighbors yard, yelling at them and taunting them.

Can they positively ID the people yelling as the people who broke down their door and entered their house?

Maybe, maybe not. This is one of the reasons that surveillence cameras are such a game changer.

The criminals have no such scruples; and they knew the victims positively. They knew the criminal justice system well enough to use it against their victims.

To the criminals, robbing the victims was not immoral, because the victims are viewed as legitimate prey. In a civilized state, such criminals have forfeited their right to life when they break into your home.

I would make a serious bet that all those people who broke into your friend's home had long criminal records.

36 posted on 09/01/2014 5:08:15 PM PDT by marktwain (The old media must die for the Republic to live. Long live the new media!)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Bob
“Unarmed” does not mean “not dangerous”.

Where ever did you get that idea ?

: )

37 posted on 09/01/2014 5:39:07 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: VanShuyten
If I shoot a thief, I will go to prison.

As the police told me, "if you shoot em outside your door, make sure to drag them inside before calling us."

38 posted on 09/01/2014 5:40:54 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: UCANSEE2

That’s the worst thing in the world you could possibly do. Tampering with the crime scene will be taken as evidence of your guilt.


39 posted on 09/01/2014 6:48:11 PM PDT by Bob
[ Post Reply | Private Reply | To 38 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-39 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson