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To: Uncle Chip
So then if the kids in the Durango had seen Dunn reach into his glovebox and take out his gun and load it, they would have been justified at that point in firing at him in self defense????

Just having a gun is not enough. It meets the ability and opportunity requirements, but may not meet the jeopardy requirements.

To be justified, the Durango party would have to be able to show that a reasonable person in their situation would believe that Dunn would use the gun to place their lives or bodily integrity in jeopardy.

Dunn's account meets this requirement by stating that a person or persons in the Durango repeatedly verbally threatened his life.

For the people in the Durango to meet the requirement, they would have to show something to the same effect.

Note that sequence matters. You cannot be the first to introduce threats, and then claim self defense, unless you attempt to remove yourself from the situation, say by apologizing and/or physically moving away.

17 posted on 12/06/2012 8:50:13 AM PST by marktwain
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To: marktwain
Dunn's account meets this requirement by stating that a person or persons in the Durango repeatedly verbally threatened his life.

It doesn't meet that reauirement just because he says so. Dunn's account defies credibility because his complaint with the Durango was that the music was too loud. He couldn't hear a threat even if there was one.

Note that sequence matters. You cannot be the first to introduce threats, and then claim self defense,

like Dunn done did here!!!

unless you attempt to remove yourself from the situation, say by ... physically moving away.

kind of like what the kids in the Durango did here.

This case just proves that just because a shooter has a CCW license, it doesn't mean that [s]he used the gun lawfully.

18 posted on 12/06/2012 9:29:40 AM PST by Uncle Chip
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