(December 9, 2019 at 8:16 am)BrianSoddingBoru4 Wrote:(December 9, 2019 at 8:10 am)onlinebiker Wrote: Wrong.
There must be immenent threat. Future threat does not meet the threshold.
What legal training do you have in this?
Me - I have been through state mandated training for a concealed carry permit at least a dozen times. (Only once is required)
Yes, it has to be an imminent threat (left that bit out, sorry).
I have no legal training of any sort, but I have access to an extensive law library and am able to look things up.
Let's take a hypothetical:
Joe approaches Jim and says, 'I have a gun in my pocket. In five seconds, I'm going to shoot you through the head.' Jim knows that Joe routinely carries a firearm and has found out that Jim is having an affair with Joe's wife. Rather then wait out the five seconds, Jim charges Joe and beats him bloody.
Is Jim guilty of assault or has he acted in self defense?
Boru
It depends....
If Joe doesn' t actually have a gun on his person - he just suckered Jim into physically assaulting him. Unless Jim can prove Joe made a credible threat ( akin to a bank robber saying he has a gun without showing it being charged with armed robbery) then Jim is likely facing prison time for assault.
...
We can sit here and play hypotheticals all day - but situations like you describe almost never happen.
If somebody is really going to shoot you - they are not going to give you a heads- up to give you a chance to disarm them. That' s only in movies. Reall life - they shoot you first and then make snarky comments.
