discharge of fire arm and lawsuits?

[Deserteagle]

As of 2009 it was passed....

States that have a Stand Your Ground law in effect.

Idaho
Arizona
Alaska - Passed, but not yet signed.
Colorado
North Dakota
South Dakota
Minnesota
Kansas
Oklahoma
Mossouri
Louisiana
Michigan
Indiana
Ohio
Kentucky
Mississippi
Alabama
Georgia
Florida
South Carolina
Pennsylvania
Virgina

Did some more research and found 2 interesting cases

There is no statutory provision regarding the duty of a person to retreat before countering the use of force with force. The doctrine derives from the common law. People v. Watson, 671 P.2d 973 (Colo. App. 1983).

So there is nothing in the law saying we are required to retreat.

The defendant, if he did not provoke the assault, is not obliged to retreat or flee to save his life, but may stand his ground, and even, in some circumstances, pursue his assailant until the latter has been disarmed or disabled from carrying into effect his unlawful purpose, and this right of the defendant goes even to the extent, if necessary, of taking human life. Boykin v. People, 22 Colo. 496, 45 P. 419 (1896); Enyart v. People, 67 Colo. 434, 180 P. 722 (1919)

However this is 1896 and 1919 and not 2009. I would still choose to retreat from a situation first since the law does not explicitly state we are required to retreat, but there is a possibility that a jury might rule otherwise, saying retreating is a lesser degree of force as required in CRS 18-1-704

[grizzerr]

I just got back to the thread, but it appears you've already what I was going to post.

I agree it's always better to avoid the fight when possible. It seems where we differ is that you define and assault and a threat of an assault as the same thing. The threat would fall under the menacing statute and there is no provision for defensive physical force.
Your parking lot scenario is just that, a case of menacing and no I wouldn't stand there and wait for the bad guy to get to me either. Of course that's not the same thing as the bad guy being bad breath distance from me and physically attacking me with the bat. Is my life in danger? Yes! Am I justified in using deadly force? Yes! Respond accordingly and repeat as necessary.

By the way I don't consider myself a tough guy, but I am dangerous when the situation arises and teach my students to be the same.

[gsim]

I was told by my CCW instructor, also a police officer, that you were protected civilly from defending yourself from the BGs, but you were responsible for every bullet out of your gun. So if a stray shot goes and hits a bystander it can come back to you, but a stickup guys family isn't going to be coming after you for lost wages. I wouldn't bank on one officers opinion/perception, but I'll believe it for now.