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by Mike S
Tue Oct 30, 2018 10:49 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Thief gets shot in the back
Replies: 23
Views: 6957

Re: Thief gets shot in the back

There's lots of excellent points already brought up on this thread.

I'd offer the opinon that TPC 9.42 would have applied if the person robbed/stolen from (unclear from the article what actually transpired) had shot the perpetrator.

Since it was another bystander who shot the perpetrator, TPC 9.43 would be the relevant statute. TPC 9.43 references 9.42, but the standard is "Under the circumstances as (you) reasonably believed them to be" (or close to that wording). So, if the shooter had a reasonable belief that robbery had occurred, he might be found justified under 9.43. It would boil down to what he knew at the time, & what factors he weighed in the moment.

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