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by DoubleJ
Thu Sep 13, 2007 10:07 am
Forum: New to CHL?
Topic: detaining someone with your weapon
Replies: 18
Views: 4463

nitrogen wrote:EDIT: displaying a deadly weapon is considered force, but not deadly force, to clear that up.
you are wrong.
"pulling your weapon" is a THREAT of deadly force, which is equitable, in the eyes of the law, to deadly force.
if you can't use deadly force, then you can't THREATEN to us deadly force, because DF was never in play.

however, in this situation, you can also argue that the Thief was going to get away with things that would be unrecoverable, in which DF is called for, FWIR.
also, a crime is still being committed until the criminal is completely gone.
if he is "getting away," the crime is still being committed, although he is no longer a "threat."
so if theft of a vehicle at night, or vandalism to your vehicle at night, is the crime that justifies DF, then them running away is not necesarily going to save them.

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