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- From: callison@essex.ecn.uoknor.edu (James P. Callison)
- Newsgroups: rec.guns
- Subject: Re: Bad tactical position ( was Psychology in Defense)
- Message-ID: <Bxu306.AGz@constellation.ecn.uoknor.edu>
- Date: 17 Nov 92 02:09:10 GMT
- Article-I.D.: constell.Bxu306.AGz
- Sender: magnum@mimsy.umd.edu
- Organization: Engineering Computer Network, University of Oklahoma, Norman, OK, USA
- Lines: 63
- Approved: gun-control@cs.umd.edu
-
- In article <1992Nov16.161515.5452@news.yale.edu> watt-alan@net.yale.edu (Alan Watt) writes:
- #
- #In article <Bxrvs1.3AH@scylax.uucp>, scylax!tiglath@uunet.UU.NET writes:
- #
- #|> B. Some one is picking the lock. I heard the noise and I see a black
- #|> clad figure slowly entering the now open balcony door. I am behind the
- #|> door armed, do I shoot first? The way I see, if he is a burglar
- #|> and I make a noise 99% chance he'll flee, if he is a deranged sadist
- #|> he has found his target, for which he might be well prepared.
- #|> Am I expected to take this chance?
- #
- #You are behind the same door the intruder has entered? In this case
- #he can't "flee" without approaching you. If you see a gun in the
- #intruder's hand, you can shoot immediately and without warning. Otherwise,
- #you should avail yourself of whatever cover is available and order
- #the intruder to stop. I don't think the 99% figure applies to break-ins
- #of occupied dwellings, by the way. I would assume that anyone breaking
- #into my home at a time when it is generally occupied (and especially
- #at a time when people are asleep) has hostile intentions.
-
- Here's an interesting question...according to some news report or another,
- there's been a rise in burglaries (or, I guess, technically, robberies)
- committed while the residents were at home--and they were purposefully
- committed while there was someone there. These perps were doing it for
- feeling of power, and they were bent on harm, and posed a clear and
- present danger. Question: If you catch one of these, and he tries
- to leave, do you shoot him? He poses a clear and present danger, and
- will likely try it again (according to the report), if not with you
- as the target, then with someone else...
- I know the FBI's position is that a Special Agent who witnesses a
- a robbery is bound to try and apprehend the subject, even though it
- is technically not under FBI jurisdiction; do we, as "a well
- regulated militia," do the same? (I think the answer is to shoot, under
- Arizona's laws, but I'm not certain what any other laws are. I think
- that, under Colorado and Oklahoma law, the moment he enters my
- house, he's at my mercy, no matter what he does, so I'd shoot, no
- question. What would _you_ do?)
-
- #Someone who has unlawfully entered you home armed with a firearm
- #has etablished both hostile intent and lethal capabilities. You can shoot
- #him even if his back is turned to you. For ethical reasons, and to
- #avoid any possible legal difficulties, you may want to give this intruder
- #the chance to retreat from confrontation, but you need not if doing so
- #would place you or other innocent lives at greater risk.
-
- I realize that this could get a little bit off the charter, but I'm
- actually more interested in what you can _legally_ do around the
- country, given the above circumstances, and come out of it with your
- freedom intact.
- (Moderator, feel free to send this one to the funny farm (t.p.g) if
- you feel that's it's too far off the charter. I really do want more
- of the informational side of this, but it could get rather political...)
-
- James
-
- James P. Callison Microcomputer Coordinator OU Law Library
- Callison@aardvark.ucs.uoknor.edu /\ Callison@uokmax.ecn.uoknor.edu
- constellation!biglaw!callison@mailhost.ecn.uoknor.edu
- DISCLAIMER: I'm not an engineer, but I play one at work...
- I feel lucky, I feel lucky yeah
- Hey Dwight, Hey Lyle, boys, you don't have to fight,
- Hot dog, I feel lucky tonight
- --Mary-Chapin Carpenter, "I Feel Lucky"
-