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Thread: Self Defense Question

  1. self Defense

    the law states you may not have permission to have a concealed weapon on private property. So if you pull out your weapon you may need a good lawyer.

  2.   
  3. Not much of a friend if they attack you. Find other friends and stay away from the others.

  4. #13
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    Quote Originally Posted by Itstjs View Post
    Would you be able to defend yourself from the owners of property if the situation arises? Say the owner attacks you on his/her property, would you be able to draw your weapon and defend yourself without any sort of legal problems? Im talking worst case scenario, say Im at a friends house, and he gets upset with me for what ever reason, and him and a couple of people start attacking me, would I be able to defend myself on his land? Sorry if my ramblings confuse anyone. Im not exactly sure how to word it the best.

    Thanks.

    Itstjs:
    In NH you have the right to defend yourself anywhere you have a reasonable belief that you are, where you are, legally. If you were invited, your covered. were your atackers there legally? Having said that, I would be sure to use that force, in THIS case, as a last resort after obviously attempting to retreat. There maybe other friends/family present. Such an attempt to retreat will influience testmony of those witnesses.

  5. #14
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    Quote Originally Posted by gprosperie View Post
    the law states you may not have permission to have a concealed weapon on private property. So if you pull out your weapon you may need a good lawyer.
    Laws vary from state to state. In SC you absolutely CAN carry on someone else's private property...but only with their permission. Of course you would be charged with a misdemearnor if you did not have permission. And it MAY (probably would) afffect a jury decision against you.

    SOUTH CAROLINA CONCEALED CARRY LAW
    SECTION 23-31-225. Carrying concealed weapons into residences or dwellings.

    No person who holds a permit issued pursuant to Article 4, Chapter 31, Title 23 may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

    South Carolina Law Enforcement Division

  6. #15
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    Quote Originally Posted by Midnight View Post
    Be very careful when deciding to pull out your firearm. A lawyer explained to me that in any given situation you should not pull out your firearm unless you're ready to pull the trigger. Imagine that you pull out your gun just to warn him, but then he pulls out a gun too! You're pretty much f-ed in this situation because you instigated the scene and you'll either end up dead or legally deemed a murderer. In any situation where you feel your well-being is at stake, it's best to leave the situation if possible. Even if you live in a Castle Doctrine state, it's still better to walk away from situations like this because you won't have to deal with the paperwork or any other headaches. I mean, seriously, if you're hanging out with your friends and someone is giving you heat, is it worth the situation possibly escalating to a point that would warrant deadly force. I'm sure a lot of people wouldn't agree with me, but I'm a paranoid kind of guy who will leave a place in a heartbeat if I feel I may face conflict later on. If I'm at a party and some guy is pressing me, I'll likely just call it a night and go home and play video games.

    I was in a similar kind of situation a year ago when some guy I didn't know was at a gathering my friend was throwing. He was threatening me because of a misunderstanding and said he was going to kick my ass. I just got up and left on the spot, even though I had my gun with me. I didn't feel it was worth staying around in the off-chance that something broke out. I just called my friend the next day and explained what happened. No hurt feelings.

    Please, for the love of God, just use common sense when deciding to use deadly force. In my personal opinion, the use of deadly arms should be a last resort in case your life is being threatened beyond your control.
    AMEN BROTHER!!!!!! I know that I have the means to protect/save my life when the BG puts me there. I also know that because I have a licence to carry consealed, I'm going to be held to a higher standard and thats fine with me! I do not own anything worth killing for however, how would all my stuff get by without ME???

  7. #16
    here : If you provoke the situation that ends up escalating to deadly force, you have no right to self - defense. Period.

    It keeps someone from instigating a situation and gouging someone to the point they pull a gun, and then you argue you are justified in shooting them, when that was your intent all along.

  8. #17
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    If your problems are stemming from parties and social gatherings, you may want to leave the gun in the car and learn how to fight. Much easier to break a dude's face for threatening you with a pool cue, than explain to a jury how scared you were of the drunk frat boys that surrounded you.

    These situations are tough. I've seen plenty of 'bar/party fights'. Never ONCE has a situation gotten so out of hand someone would need a gun to defend themselves. But, better safe than sorry I suppose. I'd just avoid the situations, or learn to fight. It's much easier than worrying about killing someone who threatened you at a social gathering.
    "A man's got to have a code, a creed to live by, no matter his job." - John Wayne

  9. #18
    "I was in a similar kind of situation a year ago when some guy I didn't know was at a gathering my friend was throwing. He was threatening me because of a misunderstanding and said he was going to kick my ass. I just got up and left on the spot, even though I had my gun with me."

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX B N M

    You did the right thing. You also have more sense than me. I might have left, but it would have been after saying to him:

    "I am leaving because I don't want this getting out of hand. I was invited here for a party, not a fight, and in respect to my friend "XXX", I will not be a part to violence st his home. Because of that, you can consider yourself extremely lucky. Had you tried to kick my ass, you would have enjoyed your last day on this Earth."

  10. #19
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    Self defense is a legal claim that you have to assert in court. It falls under the category of affirmative defenses (basically, you acknowledge that you did something, but your actions were justified by the circumstances).

    When you assert a self defense claim, the burden is on you to prove to the court that your actions were in fact self defense. However, the general rule on self defense is that you cannot be in the commission of an indictable crime at the time of the incident. If you were, you cannot, as a matter of law, claim self defense. Once you get past that legal hurdle, you must then convince the jury that you had the "mantel of innocence" in that you did not do anything to instigate the incident. Basically, you (your attorney) have to prove that you would not have committed that act without the circumstances that you were in at that moment.

  11. #20
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    Quote Originally Posted by GOV5 View Post
    "I was in a similar kind of situation a year ago when some guy I didn't know was at a gathering my friend was throwing. He was threatening me because of a misunderstanding and said he was going to kick my ass. I just got up and left on the spot, even though I had my gun with me."

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX B N M

    You did the right thing. You also have more sense than me. I might have left, but it would have been after saying to him:

    "I am leaving because I don't want this getting out of hand. I was invited here for a party, not a fight, and in respect to my friend "XXX", I will not be a part to violence st his home. Because of that, you can consider yourself extremely lucky. Had you tried to kick my ass, you would have enjoyed your last day on this Earth."
    Why wouldn't you just put your gun somewhere safe where it wouldn't be found, then go outside with the guy and take care of business?
    The Most Important Thing That You Can Do In This Life, Is To Determine "WHERE" You Will "LIVE" In The Next Life.

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