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To: calex59
However, if you are being attacked you have the right to respond with force, even if the attack is not with a deadly weapon.

OK, I do have a question about these laws. If someone hits you, and you draw your gun, are you ever obligated not to fire if it's clear that the sight of your gun has caused him to desist?

38 posted on 04/27/2006 11:45:43 AM PDT by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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To: inquest

I would imagine if you shot someone in the back after they decided to flee the scene of the assault you would face prosecution.


44 posted on 04/27/2006 12:15:31 PM PDT by Durus ("Too often we enjoy the comfort of opinion without the discomfort of thought." JFK)
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To: inquest
OK, I do have a question about these laws. If someone hits you, and you draw your gun, are you ever obligated not to fire if it's clear that the sight of your gun has caused him to desist?

Even under the new law, you may only use deadly force to protect your life, or the life of an innocent. So, in just about any locality, a simple punch is not justification to draw a deadly weapon (one exception is if there is a gross disparity of strength, eg man versus muscular young man, sufficient that the defender is in reasonable fear of being beaten to death). And once the attacker retreats, you are no longer in deadly danger, and thus have no right to use deadly force.

An exception to the above is if you see the attacker is moving away to grab a weapon, or to get to cover where he can shoot you while being safe from return fire

52 posted on 04/27/2006 3:33:06 PM PDT by SauronOfMordor (A planned society is most appealing to those with the hubris to think they will be the planners)
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