View Single Post
Old 01-23-2013, 06:21   #46
Bren
NRA Life Member
 
Bren's Avatar
 
Join Date: Jan 2005
Location: Kentucky
Posts: 35,024
Quote:
Originally Posted by SgtScott31 View Post
I don't necessarily agree with this. While I don't research every use of force statute from every state, I find it hard to believe that many states allow you to use deadly force involving a felony where force is used by the suspect. A purse snatcher is normally not going to subject someone to serious bodily injury or death. So how can you justify using deadly force against him?

If I'm pursuing a purse snatching suspect and fire on him I'd be looking for a new job and possibly a lien on my home. And I have greater protection as a LEO.
Well, I do research use of force laws of others states. I reviewed this bill for the executive branch before the governor signed it. We borrowed it from Florida's castle doctrine elgislation, as did several others states. In Kentucky, it is KRS 503.050 and 503.070:

Quote:
(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055.
Quote:
(2) The use of deadly physical force by a defendant upon another person is justifiable when:
(a) The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055; and
(b) Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.
In Kentucky, purse snatching is Robbery 2nd - a felony involvibng the use of force. So is slapping a school bus driver or a teacher (Assault 3rd).

In Florida it is Fl. St. 776.012 

Quote:
Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
In New Hampshire it is 627:4, but is limited to being on your own property:
Quote:
II. A person is justified in using deadly force upon another person when he reasonably believes that such other person:
(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense; or
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
Those are some examples from the top of a quick google search. When I teach the class to law enforcement, I point out that a private citizen can use deadly force in KY in situations that would be a criminal civil rights violation if the police did it.
__________________
"Liberal" is when you hire others to use a guns to protect you, so you can pretend guns aren't necessary.

Last edited by Bren; 01-23-2013 at 06:22..
Bren is offline   Reply With Quote