using mace on the BG: rules?


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craig_o
December 1, 2007, 01:26 PM
I'm a little confused as to when I can mace somebody. Is it the same rules as a gun/knife (my life was in danger), or is it lesser (my body/wallet/whatever was in danger)?

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Bartholomew Roberts
December 1, 2007, 01:33 PM
What state are you in? Your local statutes will play a big role in that decision; but I think most places view mace as "force" which as a real loose rule of thumb means that whenever you would be justified in socking someone in the nose, you are probably also justified to use mace or pepper spray.

However state law plays a real important role in that. The same rule of thumb I just gave you could easily get you into trouble depending on your local law.

Fletchette
December 1, 2007, 01:37 PM
Mace Rule #1 When assaulted mace the bad guy. When he is laughing at you draw your pistol and shoot him.

nalioth
December 1, 2007, 01:39 PM
I'd think any time you inconvenience someone (by using aerosol restraints, blunt force, or bullets) you'd need be be in fear of your life.

Marintime Mike
December 1, 2007, 01:42 PM
Oh,,,then no problem...I'm ALWAYS in fear of my life....

craig_o
December 1, 2007, 01:50 PM
surprised it's not in my info (guess I missed that one): Texas.

I assumed it was no different than simply being assaulted or in fear for your well-being... my guess is it's a lot looser than, say, using a knife or a gun (which isn't to say I'm going to be spraying every perfectly well-intentioned Mormon that comes to my door because I was in fear for my afternoon).

nalioth
December 1, 2007, 02:39 PM
I assumed it was no different than simply being assaulted or in fear for your well-being... my guess is it's a lot looser than, say, using a knife or a gun (which isn't to say I'm going to be spraying every perfectly well-intentioned Mormon that comes to my door because I was in fear for my afternoon). Use of force is not a guessing game.

Stick with "fear for your life".

Andrewsky
December 1, 2007, 04:15 PM
You're not going to get charged for anything if you mace someone who tried to mug you and then you called the police to report it. Remember, mace, unlike guns, is politically correct.

Dallas239
December 1, 2007, 04:32 PM
You'll want to look at Section 9 of the Texas penal code. Most notably, § 9.31. "a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force."

You do not need to be in fear for your life to use force that is less than deadly force, but you do need to "reasonably" believe that the use of force is necessary.

N.B. your belief that the use of force is neccessary can be incorrect, just not unreasonably so.

Jim March
December 1, 2007, 05:40 PM
The rule of thumb is, "if you can legally punch 'em, you can legally gas 'em".

craig_o
December 2, 2007, 01:08 AM
thanks to Dallas and Jim!

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