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by Beiruty
Fri Apr 01, 2011 9:45 pm
Forum: Never Again!!
Topic: Its not worth it.....
Replies: 48
Views: 9669

Re: Its not worth it.....

Hotleadsolution,

It is still not justified to use force in response to verbal threat (verbal assault). As such PC9.04 does not apply here, it was intended clarify the response to a physical assault and battery,
by Beiruty
Fri Apr 01, 2011 8:37 pm
Forum: Never Again!!
Topic: Its not worth it.....
Replies: 48
Views: 9669

Re: Its not worth it.....

AustinBoy wrote:Thanks HotLeadSolutions but that doesnt not sound like a time when deadly force is justified.

Is deadly force justified when confronted with "Assault"?

Am I wrong?
Here is the short version:
1) In road rage cases like this OP, where the no deadly weapon is displayed by the aggressor, the CHL is not justified to respond with threat of deadly force in response to a verbal assault.
2) If the aggressor, became violent and attacked, attempted to attack, tried to breach and enter the vehicle by force, the response of CHLer by threatening of deadly force or the presentation of deadly force as a force to stop the attacker is justified.
3) If the aggressor inflicts or attempt to inflict grave bodily harm, the CHLer may respond with deadly force to the stop the attack. Here with absence of the deadly means in the hand of the aggressor can open up the CHLer for charges. Disparity of force can be factor in the defense.

KISS Rules for CHLer:
1) Avoid and Deescalate incidents
2) verbal threats, Deescalate
3) Physical attack, present your firearm as a threat so (order) the aggressor would (to) stop and back off.
4) Deadly force deployed by the attacker, Deploy your deadly force to terminate the threat.

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