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Analysis: Is it lawful self-defense to “run down” rioters surrounding your vehicle?
Legalinsurrection.com ^ | 9-22-2016 | Andrew Branca

Posted on 09/22/2016 1:04:37 PM PDT by servo1969

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To: faithhopecharity

when I say to Hell with the thugs, i do not mean to imply i wish to harm anybody. very much the contrary.
that’s what my requests they let me pass were for

but as brave as i’d act, i would definitely be in terrified fear of my life to be surrounded by a gang of apparently very dangerous and certainly very meanacing law breaking thugs or gangsters, and so while I would drive away at the slowest safe speed consistent with achieving an effective escape from the danger of being killed outright by the thugs, .... and while i hope they would walk out of the path of my vehicle or, failing that, that they would just bounce off unharmed, I would definitely have to continue driving to achieve my escape from a threatening, dangerous surrounded status to a safe haven

then call the police and report what happened, fine and dandy

but GET TO SAFETY !!! that’s priority, otherwise they very well just might carry out their threats and you will be Pushing Up Dasies faster than you can say “ALLAH SUCKS”


41 posted on 09/22/2016 1:31:01 PM PDT by faithhopecharity ("Politicians are not born. They're excreted." Marcus Tullius Cicero.)
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To: csvset

“If surrounded by a pack of looting thugs, I’ll put the pedal to the metal and let the chips fall where they may.”

Hell yeah. Rioting thugs are already up to no good by being there in the first place, and it is all a matter of personal protection. Perfectly legal to drive straight down the road.


42 posted on 09/22/2016 1:31:08 PM PDT by Navin Johnson
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To: servo1969
The North Carolina Castle Doctrine Law specifically applies to motor vehicles.

The lawful occupant gets the presumption of innocence, even if the perp hasn't gottten inside.:

"The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:

"(1) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a home, motor vehicle, or workplace, or if that person had removed or was attempting to remove another against that person's will from the home, motor vehicle, or workplace.

"(2) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."

43 posted on 09/22/2016 1:31:22 PM PDT by MUDDOG
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To: MUDDOG

“They were attempting to break into my vehicle and pull me out. I was in fear for my life.”


44 posted on 09/22/2016 1:34:10 PM PDT by RegulatorCountry
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To: servo1969

According to Vice President Joe Biden, you should have your wife fire a shotgun out the back window.


45 posted on 09/22/2016 1:35:00 PM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: MUDDOG

Pennsylvania has Castle Doctrine,also. RUN THEIR AZZES OVER.


46 posted on 09/22/2016 1:39:58 PM PDT by Renegade
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To: faithhopecharity

Wow, this question presents a huge, moral dilemma.

1) Do I first lay down a supression fire of automatic bullets, then run them down?

2) Do I run them down first and dirty the undercarriage of my vehicle, then shoot?


47 posted on 09/22/2016 1:39:59 PM PDT by TheNext (Hillary Hurts Children & Women)
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To: servo1969

Note: Get out in reverse. If you hit someone hard enough to set off the air bag you are toast, as air bag deployment will disable the vehicle.

So there you are, having just run down a few folks, dazed from an air bag that just went off in your face, in a car that will not run, surrounded by a mob that is even angrier than before.

I say again, get out in reverse.


48 posted on 09/22/2016 1:41:37 PM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: RegulatorCountry

I think it’s even better than that. You get the *automatic* presumption that you were in fear for your life, if (1) the perp was illegally and forcibly entering, and (2) you had reason to believe he was.


49 posted on 09/22/2016 1:42:14 PM PDT by MUDDOG
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To: MUDDOG

I was just providing the correct statement to make as far as the statute is concerned, for any driver who might have the misfortune of being caught up in a raucous mob blocking a highway in NC.


50 posted on 09/22/2016 1:45:06 PM PDT by RegulatorCountry
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To: butlerweave

Legal in South Africa!!


51 posted on 09/22/2016 1:48:46 PM PDT by OregonRancher (Some days, it's not even worth chewing through the restraints)
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To: servo1969

It is better to be judged by 12 than carried by 6.


52 posted on 09/22/2016 1:50:57 PM PDT by Bubba_Leroy (Never Hillary)
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To: servo1969; All

I know that patriots are angry about this issue. But common sense says no, do not run down rioters if all they are doing is blocking your vehicle.


53 posted on 09/22/2016 1:52:02 PM PDT by Amendment10
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To: PROCON

Drive a mazda 6. Got hit in the back with the truck doing about 40. No damage!!! PRobably the alignment of truck with bumper.

Either way, mazda 6 isn’t gonna cut it. Gonna have to grab louisville and head out the door!!


54 posted on 09/22/2016 1:52:05 PM PDT by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: Sergio
Note: Get out in reverse. If you hit someone hard enough to set off the air bag you are toast, as air bag deployment will disable the vehicle.

Either that or do like me and drive around in a 25 year old truck that does not have airbags. I have the luxury of being able to shift into low gear and plow on through.

55 posted on 09/22/2016 1:53:37 PM PDT by Bubba_Leroy (Never Hillary)
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To: Envisioning
All this discussion is assuming you are the first vehicle in line or have a way around and not 'boxed in' by other vehicles.

No good solution in that scenario, with your vehicle anyway.....have a plan, and have a back-up plan.

56 posted on 09/22/2016 1:54:18 PM PDT by Envisioning (Before we get started, does anyone want to get out?)
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To: RegulatorCountry

I know what you mean.

But I find it interesting (and great!) that from a legal point of view, you could not say anything, and the burden would be on the state to prove that you didn’t fear for your life, rather than on you to prove that you did.


57 posted on 09/22/2016 1:56:00 PM PDT by MUDDOG
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To: redfreedom

https://youtu.be/uxKdDxta8rQ

No need to speculate. The guy in the Range Rover wasn’t charged with anything.


58 posted on 09/22/2016 1:59:50 PM PDT by j. earl carter
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To: servo1969

I ain’t stopping unless there’s no alternative. If my forcibly stopped vehicle is approached by rioters it will look like Imperial Japanese soldiers piled up in front of a 1st Marine Div. machine gun nest at Guadalcanal.


59 posted on 09/22/2016 2:00:44 PM PDT by TTFlyer
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To: Sergio

"...Get out in reverse due to airbag deployment..."


Excellent point not earlier discussed, Sergio.
Driving in reverse isn't exactly easy, yet you have mentioned an aspect not previously discussed.


60 posted on 09/22/2016 2:01:28 PM PDT by Blue Jays
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