TexasRifleman
Moderator Emeritus
Wait, isn't this in Chicago? I thought handguns were illegal in Chicago. What am I missing?
Well just to be technically correct this was in University Park, a suburb, and not in Chicago proper.
Wait, isn't this in Chicago? I thought handguns were illegal in Chicago. What am I missing?
I think ultimately the best advice is either talk to a lawyer or take a use of force class relevant to your state. Use of force in Texas is certainly a heck of a lot different from NY. The article is light on some of the more important details but its certainly possible this could have been legal in one state and yet very illegal in another.To get back to the legal issue:
"Serious provocation is conduct sufficient to excite an intense passion in a reasonable person."
I'd say that getting hit in the shnozz is fairly serious provocation. One problem is that the Hittee doesn't know whether the Hitter will continue the Hitting--which is painful. Injurious, even.
From a practical standpoint, of course, regardless of prior mouth-music, it is unwise to assault an armed person. As this case showed, it can be a one-time event.
I'm 76...
I wouldn't send him to jail either. It's not like he ran out there brandishing a firearm. He merely confronted the man about his dog, whereupon an argument began resulting in the old man being assaulted and defending himself with his firearm.
1. Don't assault people.
2. If you ignore rule #1, don't be surprised if you get shot. - Kodiak Beer
Actually, I suspect that the majority view (most other states) would be similar to Illinois. In so many ways, Texas is much more unique and individual due to its history as a republic. Not just laws, but in so many other ways Texas wrote its own chapter in the books. The majority of the other states including Illinois tend to fall into line similarly to one another on so many issues, with the obvious and sore exception of gun rights.In Illinois - murder. In most other states - manslaughter at worst, but wounding or self-defense much more likely.
So a bit of piss is no reason to kill another,not gonna back off on that one.
There are pansies 1/3 my age, they punch me and I'll kick their butts without need for deadly force.
There are also men 20 years older than me, who will kill me with one pinkie finger.