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To: Jerrybob
This article is in direct response to a question posted on my Facebook page. I have invited readers to post their questions so that they might be answered in this article series. The first question to be addressed is one about shooting a person who has just shot another person in a public place but has not threatened anyone else. Here is the question:

If you were eating in a fairly busy restaurant, and a gunman came in, grabbed a woman and shot her (probably his wife), would it be legit for you to take him out? Since he had not bothered you or even looked at you, would it be legal or grandstanding?

3 posted on 06/18/2011 5:37:52 AM PDT by Jerrybob
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To: Jerrybob

Generally yes, but it would depend on whether he was still a threat to you or anyone else at the time you you shot him. Don’t forget, he just shot someone which is pretty good evidence he’s a threat. I can’t think of a locale where you can’t defend others.


4 posted on 06/18/2011 5:42:01 AM PDT by umgud
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To: Jerrybob

If he dropped the weapon,then it’s a no shoot.
If he still has the weapon at the ready,do your best to take him out.


5 posted on 06/18/2011 5:42:20 AM PDT by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Jerrybob

I think you could consider him a threat. If he’s killed one, I think its reasonable to assume he’ll kill others.


6 posted on 06/18/2011 5:44:07 AM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: Jerrybob
One cannot know intent... if there had been a CCW person standing next to the leftist fag that shot giffords... should he or she have taken out the shooter? How does one know intent... unless the perp puts his/her gun down and surrenders himself/herself right away... how would one know if he/she were finished with his/her killing?

LLS

7 posted on 06/18/2011 5:44:24 AM PDT by LibLieSlayer (WOLVERINES... a Conservative subsidiary of Reagan's party)
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To: Jerrybob

Why is it your business?

The fact you have a gun is irrelevant. You are merely a bystander


12 posted on 06/18/2011 6:02:22 AM PDT by bert (K.E. N.P. N.C. D.E. +12 ....( History is a process, not an event ))
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To: Jerrybob

I’m sure not gonna risk letting him get the drop on me. How long do you think it will take for him to turn around, look at you and blow your butt away? I will be ready, after he is looking down the barrel at you it’s too late to draw.


13 posted on 06/18/2011 6:18:35 AM PDT by SWAMPSNIPER (The Second Amendment, a matter of fact, not a matter of opinion)
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To: Jerrybob
The armed citizen who responded at the Gabby Giffords shooting did it right. No shoot, the gunman was not a threat. Your hypothetical expressly states "no direct threat," but I don't know what you mean by inserting the word "direct."

There has to be a reasonable belief that the person is about to assert deadly force. The laws vary from state to state, but all are pretty easy to look up.

20 posted on 06/18/2011 6:31:13 AM PDT by Cboldt
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To: Jerrybob
If you were eating in a fairly busy restaurant, and a gunman came in, grabbed a woman and shot her (probably his wife), would it be legit for you to take him out? Since he had not bothered you or even looked at you, would it be legal or grandstanding? .....
Something like this happened in the Irving TX mall. The gunman chased his wife around the mall food court firing shots. She went into the parking lot were she was shot dead.

The gunman got in his car and started to drive off. A Texan took out his .44 magnum with scope from his car and shot the gunman trying to leave the parking lot through the door of his car and killed him. The Texan left the scene.

The gunman's car exited the parking lot and got caught in a ditch. The police did not see the hole in the door for a while and thought he may have killed himself.

The Texan eventually turned himself in. He went in front of the Grand Jury and was admitted. The issue was that the woman was dead so the Texan was not preventing a death and the gunman was not a threat to the Texan.

The gunman was leaving the scene of a crime but the crime was not against the Texan.

22 posted on 06/18/2011 6:36:31 AM PDT by Hang'emAll (")
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To: Jerrybob

If he is still armed and posting a threat in general, then you can’t sit there and have a philosophical debate, he is a threat to you and everyone else.


26 posted on 06/18/2011 6:59:16 AM PDT by mnehring
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To: Jerrybob
Here in Nevada the standard is if you felt threatened in your mind. Anyone shooting near me makes me feel threatened. How do I know what the shooter's plans are? If the shooter is just waiting for the cops to show up and then take out the whole restaurant? I cannot know. When in doubt put them down. However, I do not recommend putting five into them once there are down.

I had the chance in Marin County to drop a guy that was holding up a C store. He had his back to me and was shaking so bad I thought he was going to have an AD and kill the clerk. I could not be sure my bullet would not go through him so I picked up a half gallon of wine in glass and beaned him as hard as I could. Still almost got arrested and charged. Moved from Kalifornia shortly after that.

31 posted on 06/18/2011 8:13:08 AM PDT by mad_as_he$$ (Demons run when a good man goes to war.)
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To: Jerrybob

Florida has a “forcible felony” provision in the statutes that allows for shooting someone in the commission of a forcible felony. I would believe that having shot someone they’ve already committed the felony and thus an open season target, but that’s just me.

Like others have said in the forum, I’ll take the 12.


39 posted on 06/18/2011 10:08:11 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Jerrybob

Has not threatened anyone else? According to scenario, a murder has just been committed in public with other bystanders. He’s fair game. The next seconds depend on his actions, is gun still out? Is he now fleeing?


49 posted on 06/18/2011 8:15:33 PM PDT by TheBigJ
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