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Old 04-13-2012, 07:48   #1
Sippo
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Active disarm attempt consitutute lethal threat?

Mas,

I just read your response to a question concerning the disarming of a victim of a home invasion. I was wondering about disarming attempts in general and appropriate responses.
Given no prior warning of a threat, would an attempt to forcefully take my sidearm in of itself constitute enough of a threat to justify a lethal force response. (excluding the aggressor is not an "innocent child" or an LEO acting in the line of duty, of course) Lets assume that given the totality of the circumstances, this move to grab my pistol is totally unjustified and unpredicted.

Thanks.
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Old 04-14-2012, 06:23   #2
Mas Ayoob
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Quote:
Originally Posted by Sippo View Post
Mas,

I just read your response to a question concerning the disarming of a victim of a home invasion. I was wondering about disarming attempts in general and appropriate responses.
Given no prior warning of a threat, would an attempt to forcefully take my sidearm in of itself constitute enough of a threat to justify a lethal force response. (excluding the aggressor is not an "innocent child" or an LEO acting in the line of duty, of course) Lets assume that given the totality of the circumstances, this move to grab my pistol is totally unjustified and unpredicted.

Thanks.
With your last sentence in mind, if the move to grab your pistol was not only unjustified and unpredicted, but within the totality of the circumstances was obviously a violent attack on you, police and tactical training would tell you that defensive deadly force was warranted against the attacker. However, the public and press might still see it only as "armed man shoots unarmed man" and you would be highly likely to have to go to trial to prove that you were justified.

best,
Mas
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