OK, You have a CCW. When NOT to use it?

[kelcarry]

I may be repeating a past post by myself, but some states (like SC) absolve any civil responsibility if the criminal situation finds in the CC person's favor. If the prosecutor says you are innocent at least in SC the slimeball and his family are shut out of civil reward.
PS: Latest news in SC involves a 16 year old who was eluding police and, when apprehended, tried to swallow his bag of cocaine. Police got it out of his mouth and put him in jail. While in jail he suffered a cocaine-related seizure and died. Of course his family is suing the police because they did not recognize his ingestion and potential problem. It is wonderful when the slime of this world continually come to the surface---I am sure his mother and grandmother have been quoted as telling us that "he was a good boy".

[ClearSightTactical]

Originally Posted by billwot

While I still feel in my gut that you are probably correct, another thread recently posted various state statutes that clearly state if it was a justifable shoot (you were not found guilty of a criminal act), you are protected from civil suits.

Ayoob has often stated tht yes, you will be sued, regardless, and even my CCW instructor repeated the same statement.

So make sure they are dead, and hope they have no relatives or dependents.

bill

Careful now. Never shoot to wound, never shoot to kill. Shoot to stop the threat. If they are wounded in the process so be it, if they are killed so be it. But in any case you shoot to STOP.

[HootmonSccy]

Originally Posted by billwot

While I still feel in my gut that you are probably correct, another thread recently posted various state statutes that clearly state if it was a justifable shoot (you were not found guilty of a criminal act), you are protected from civil suits.

Ayoob has often stated tht yes, you will be sued, regardless, and even my CCW instructor repeated the same statement.

So make sure they are dead, and hope they have no relatives or dependents.

bill

In Florida, if the shooting happens under the Castle law, (your home, your car), then there are provisions that protect you from Civil suit.. If it's a shooting otherwise, (inside a store, etc.) I'm not sure of the legal protections..

[bbarton713]

I wonder how the Castle Doctrine in SC would apply if you're out walking with a stroller. It is a vehicle, for your child, so would the CD apply if a bad guy accosted you?

This is more tongue-in-cheek but I guess you could contend that your domain is the space you occupy regardless of location.

[kelcarry]

Hey y'all: With regards to comments about civil suits---obviously anyone can sue anyone anytime--the lawyers always win. It would be nice if plaintiff losers in civil suits had to pay the defendants--then again lawyers could not use the "shotgun method" of binging suits---you have a paralegal prepare suits on everything that breathes with the hopes that one of your "pellets" hits a winner.

[Medic]

There is a lin e in the Bronx Tail (movie) when the gangster finds his young teenage friend purchasing a gun: "Why are you buying this gun? Do you think it makes you tough? You are tough until you pull that gun on someone and he pulls his...then we find out who the real tough guy is." The point is resolve. I have been asked to teach home defense to people who want to shoot the intruder in the hand, foot, etc. They are shocked when you tell them something different. Having been in combat I believe the deference between life and death is how you respond. That comes from within and cannot be taught. There are some people who should never be in a combat situation. That is on both ends of the scale with reality somewhere in between.

[HootmonSccy]

Originally Posted by Medic

I have been asked to teach home defense to people who want to shoot the intruder in the hand, foot, etc. They are shocked when you tell them something different. ... There are some people who should never be in a combat situation. That is on both ends of the scale with reality somewhere in between.

Shoot the hand or foot???..
They have watched too many movies, and believe that people are basically good, and that if I hurt them a little, they will come to their senses and stop..
I generally feel that way, but logically know that the feeling is flawed in many cases..
IF you are in my house, there will be no winging of my uninvited guests.. Come what may.. Center Mass, here it comes..

[kelcarry]

Hey billwot: Absolutley correct inyour post. You can never be sure that god forbid you are in a civil suit the plaintiff's attorney will bring into evidence your seemingly iinnocent post on a forum like this where you used the word "kill" in a very damaging, callous, meaningful way. You want to "stop" a slimeball, you want to "disable" a slimeball but you never want to use that four lietter "K" word.

[kengrubb]

Originally Posted by HootmonSccy

In Florida, if the shooting happens under the Castle law, (your home, your car), then there are provisions that protect you from Civil suit.. If it's a shooting otherwise, (inside a store, etc.) I'm not sure of the legal protections..

Read Chapter 776, Justifiable Use Of Force. Immunity from civil and criminal prosecution covers you whether force was used inside or outside of the home.

Specifically read 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.

Florida Statutes Chapter 776

The Orlando Gun Lawyer: What happened to the Immunity in 776.032?

[kelcarry]

Absolute agreement with Cathy. Somehow this is really a simple answer to the complex dynamics of a scary situation. If you are CC, you'd better know when you will shoot. If you have questions about your decision, you will be in big trouble either from the slimeball or the legal system. As Dirty Harry might say---"ask yourself--am I going to possibly die right now or not?" If you answer yes you shoot, if you answer no, you do not shoot.