yupp, another fine example of why I never leave the house (and why YOU should never leave the house) without three simple items:
Hankerchief
Pocket Knife
Firearm
heres NY's law's....
someone will have to tell me if I'd be arrested for shooting this guy...
Quote:
S 35.15 Justification; use of physical force in defense of a person.
1. A person may, subject to the provisions of subdivision two, use
physical force upon another person when and to the extent he reasonably
believes such to be necessary to defend himself or a third person from
what he reasonably believes to be the use or imminent use of unlawful
physical force by such other person, unless:
(a) The latter`s conduct was provoked by the actor himself with intent
to cause physical injury to another person; or
(b) The actor was the initial aggressor; except that in such case his
use of physical force is nevertheless justifiable if he has withdrawn
from the encounter and effectively communicated such withdrawal to such
other person but the latter persists in continuing the incident by the
use or threatened imminent use of unlawful physical force; or
(c) The physical force involved is the product of a combat by
agreement not specifically authorized by law.
2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) He reasonably believes that such other person is using or about to
use deadly physical force. Even in such case, however, the actor may not
use deadly physical force if he knows that he can with complete safety
as to himself and others avoid the necessity of so doing by retreating;
except that he is under no duty to retreat if he is:
(i) in his dwelling and not the initial aggressor; or
(ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter`s direction, acting pursuant to
section 35.30; or
(b) He reasonably believes that such other person is committing or
attempting to commit a kidnapping, forcible rape, forcible criminal
sexual act or robbery; or
(c) He reasonably believes that such other person is committing or
attempting to commit a burglary, and the circumstances are such that the
use of deadly physical force is authorized by subdivision three of
section 35.20.
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but for the record, I would have shot this guy and expected to be lavished with praise for doing it.
and DDDDave, you wife has no legal standing to try to break up the fight when she's off duty? does her department require her to carry her weapon when shes off duty? All the LEO's I know (although I will admit to not knowing any in Florida) are required to have a peice with them at all times because they are expected to act as peace officers, at all times. If they don't require her to carry a weapon when shes off-duty, then I'll agree and say yeah, ok, theres no legal standing there, but if she is required to have a weapon with her at all times, then I'm calling shenanigans....
this absolutely sickens me.