mbs357
Member
It is the ultimate martial arts maneauver.
how far away can a pistol be "deadly"? so you're saying if the guy is 25 yds away he's not a threat with a pistol? i think not. what is the difference in time to go from hand off the weapon to full draw and fire? less than 2 seconds?
That [being the 10yds I refered to] is a subjective distance. guys who practice alot can hit a human sized target easily at 25 yds or greater. a guy who hasn't shot in a long time may not hit a human at 10 yds. that is a very subjective standard that i do not think is used by the grand jury in Travis County, which I believe you are in also. i think you may mean not being perceived as reckless such that you are unnecessarily endangering others. which includes the backstop issue.
In that situation, I wouldn't draw and hold him at bay. Look at the setting. A public place with a lot of people can mean a nasty gunfight, a hostage, or him fleeing into the mall with too many innocents. You're not the police. You're a citizen with a CHL. this is what the CHL law is designed for. you're not trained to hold a guy at bay until the cops arrive. you're not trained to order him into high-risk prone or disarm him.
Now some states are going to say you should have given him the money and retreated, then called the cops etc. They do have a point that you probably could have avoided a shooting, however a good lawyer could point out that (as previously mentioned in this thread) a lot of robbers shoot their victims regardless of how things go down.
-Jenrick
Monkey Steals the Peach:
Jenrick,
Which states are going to say that you should have given the money and retreated and called the cops when you were the victim of an armed robbery?
Peterson claims that he had no duty to retreat since he was standing in his own yard. The court upholds the trial court's instruction. At common law deadly force could not be used "by one to whom an avenue for safe retreat was open." And this was, the court notes a further reflection of the fact that self-defense is based on "strict necessity." "Even the innocent victim of a vicious assault had to elect a safe retreat, if available, rather than resort to defensive force which might kill or seriously injure." (Dressler: 457).