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by chabouk
Thu May 06, 2010 2:07 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: finally had to draw
Replies: 85
Views: 13077

Re: finally had to draw

Fangs wrote:However, I think the OP erred on the side of the lesser of two evils.
That is the essence of the Chapter 9 "necessity" defense: "I had to break the law to prevent a greater tragedy that I reasonably believed would have occurred if I had not broken the law."

Common examples include:
--Kicking down someone's door and entering their house is illegal, but if you're rescuing them because their house is on fire, you're justified.
--Violating traffic laws in a medical emergency.
--Trespassing against legally posted warnings in order to stop a crime in progress (whether stopping the criminal act, or seeking refuge from it).

Remember, even if the OP hadn't shown the shady duo that he had a gun, even if he had quietly drawn from concealment, or bladed away and lifted his shirt to take a firm drawing grip, he would have broken the law by "intentionally fail(ing) to conceal". Even if no one knew it except him and/or his companion, it would be illegal. Justified? Absolutely.

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