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“Preclusion”- The legal concept you must understand

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  • “Preclusion”- The legal concept you must understand

    If you think "Stand Your Ground" gives you carte blanche you might want to read the article

    Even if you don't it's still a good read

    https://www.activeresponsetraining.n...2_tCASr_rNJCXE
    "I suppose it's tempting, if the only tool you have is a hammer, to treat everything as if it were a nail...." ~Abraham Maslow~

    "Skill makes you harder to kill" ~ Unknown

  • #2
    The legal aspect of self defense use of lethal force concerns me more than the possibility of the physical altercation.

    I've mentioned that I am put at ease although just slightly by the fact the scenario where we're likely to be forced to do so is probably going to be obvious. A sudden and violent assault.
    Failure is an opportunity to learn.

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    • #3
      That has been my thinking for a long time, ricco. The reminder was helpful. Thank you.
      Taceant colloquia. Effugiat risus. Hic locus est ubi mors gaudet succurrere vitae.
      The Pale Horse available on Amazon for your digital reader.

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      • #4
        Castle Doctrine and Stand Your Ground are NOT the same. However they do modify the basic use of force law.

        Stand your ground just says that anyplace you're legally allowed to be and you're threatened, you can defend your life [ or another ] without having to flee.

        Castle Doctrine applies to your home or residence and the investigators must give weight to your claim of self-defense.

        If you go somewhere to complain or argue, you're the aggressor and cannot use either CD or SYG

        The laws in many states require that a person flee, even a home owner is expected to flee their own home before they use any force to defend themselves. Defending the dwelling is generally not allowed either.

        But if your home is invaded by thugs with weapons or numbers, and CD applies you can use lethal force without having to first flee.

        SYG allows you to use force to defend yourself from an attack "where you are legally present." A burglar never has CD or SYG rights since they are not legally present. However they still have a right to use force i.a.w. state laws and they have tried to flee and are not using force. The law generally has special rules about resisting LEO and what LEO may do.

        In most cities the proper response to a loud party is a phone call if you know the ph number. Calling 911 is often the best idea, either to go alone or you can accompany LEO.
        The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome.
        If your religion says suicide and murder are wrong; Aren't you doing both if you are not prepared to defend your life and the lives of others?
        I am not a lawyer, but I have personal opinions.

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        • #5
          Originally posted by mjkeat View Post
          I've mentioned that I am put at ease although just slightly by the fact the scenario where we're likely to be forced to do so is probably going to be obvious. A sudden and violent assault.
          Agreed

          We have to decide beforehand what we will and will not involve ourselves

          Involving ourselves in someone else's fight or letting pride and ego get the best of us opens the door for a lot of problems

          "I suppose it's tempting, if the only tool you have is a hammer, to treat everything as if it were a nail...." ~Abraham Maslow~

          "Skill makes you harder to kill" ~ Unknown

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