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thetexan wrote:

FCH wrote:

Mavs00 wrote:...as him just using his fists on you hardly justifies feeling that your life is in "danger"...

I strongly disagree. When a full grown man is coming at you with his fists, you can definitely be killed.

The law requires a reasonable fear requiring an immediately necessary use of deadly force, only when and only to the extent necessary to avoid the injury or death. AS LONG AS THAT FEAR REQUIRING THE IMMEDIATE NECESSITY TO AVOID SERIOUS BODILY INJURY OR DEATH IS REASONABLE it doesn't matter if he's coming at you with a fist, a pillow, a nerf bat, or a feather boa! And would certainly include any instrument of deadly force.

AS LONG AS YOUR FEAR IS REASONABLE.

I guess I may have been "personalizing" the situation a bit too much. I'm 6ft, 230#..... and been in more than few "scrums" in my day (and look the part) and I'm not sure that I (or my lawyer) would be able to convince a jury that I had a "reasonable belief of SERIOUS bodily injury or death" if I used deadly force in this situation and the aggressor turned out to be unarmed, or armed only with a feather boa

Getting back to the initial scenario, I would be "knocked" on the ground, so that would certainly help the case, but still... we've all seen how whacky juries can be. But, with all that said, I certainly understood your point and ultimately appreciate your comments.

Jusme wrote: I think this actually answers my question... if he attempts to flee then I am no longer justified in using force of any kind, to hold him until police arrived. Now, if I attempt to get away from the attacker and he continues to pursue - and I can pull my weapon with no doubt of it not being taken from me - at that point I WOULD be justified


If the person continues after you have drawn your weapon and you believe your life is in danger then yes you are justified in using deadly force, but being justified does not always mean it is the best decision. Everyone who is put into a situation will have to make that decision for themself, I say a prayer every time I put on my gun that it will stay in its holster and I'll never have to make the choice to use it on another human being.

Stay safe and aware.

I think this is correct.

As I understand it, If he just assaults you by punching you in the face first (unprovoked) you would be justified to DISPLAY your firearm to get him to stop, as a DISPLAY is a use of force to meet an unprovoked use of force. I would hazard to guess that you would certainly not be authorized to DISCHARGE (deadly force) in that situation, as him just using his fists on you hardly justifies feeling that your life is in "danger". Unless he displays a weapon like a knife, or a baseball bat or something, you might have a hard time defending that use of deadly force against him to a jury of your peers. If he is pursuing you while you are attempting to get away or after you've shown your weapon.... much more likely to be justified, but still. Juries are funny things.....

As for the holding him until police get there. I'd be interested to know what the correct answer is on that one too. On one hand, he's assaulted you and you are in essence effecting a "citizens arrest" so it might be okay. However, once the imminent threat is removed (such as him fleeing, or attempting to flee), you no longer have the justification to use the weapon in a force on force incident, so detaining him is in essence holding him against his will.