Is it legal or not? - Page 2
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Thread: Is it legal or not?

  1. #11
    Join Date
    Jan 2008
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    Quote Originally Posted by PascalFleischman View Post
    Not in TN. If you are found legally justified in the use of Deadly Force, you are protected by statute from civil lawsuit. Furthermore, if you are legally justified in carrying, any laws you may have broken by carrying where you are will not be prosecuted.
    That may be the case in GA and TN, however you both border NC which is one of the civil suit capitals of the US since that's where John Edwards is from.

    If you or the OP venture into NC keep that in mind. Civil suit immunity in NC didn't pass because of how many PI and WD attorneys there are in that State along with John Edwards influence on the matter.
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  3. #12
    Join Date
    Jul 2009
    Location
    GA but a resident of TN
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    So as I have read the law (TN and GA) the "castle doctrine" covers me legally and civily as long as I am there legally wether it be my own property or a fast food/store/restaraunt/side of the street etc... With that being said I have to agree with everyone who has said to ensure my families safety first then see what I can do if anything (not chasing an armed robber down the street). Again thanks for the replies and I believe I will enjoy USAcarry.com and these forums.
    "The purpose of war is not to die for your country. The purpose of war is to ensure that the other guy dies for his country." - General Patton

  4. #13

    Thumbs up

    This is a very interesting item.

    John Edwards made his fortune suing people and businesses.
    Preserve the 2nd amendment and firearms, THE NRA NEEDS YOU NOW!
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    Today is the very first day of the rest of your life!

  5. #14
    Join Date
    Aug 2009
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    Oregon's hot box
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    Oregon:

    ORS 161.219 justifies the use of deadly physical force against a person if he/she is:

    (1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
    (2) Committing or attempting to commit a burglary in a dwelling; or
    (3) Using or about to use unlawful deadly physical force against a person.

  6. #15
    Quote Originally Posted by drt View Post
    This is a very interesting item.

    John Edwards made his fortune suing people and businesses.
    Yes, very interesting isn't it.

  7. #16
    Well, In NY it would be a bit different.

    You would be required to hold the door for the robber, assist him, if he needs it, getting to his car and if he's running low on gas....you are required to give him enough cash for at least 1/2 a tank of fuel. The Republicans in the assembly and senate are trying to get the requirement lowered to only 1/4 tank.





    Of course, I could be kidding....but if you know NY laws....I may not be.

  8. #17
    Quote Originally Posted by fataugie View Post
    Well, In NY it would be a bit different.

    You would be required to hold the door for the robber, assist him, if he needs it, getting to his car and if he's running low on gas....you are required to give him enough cash for at least 1/2 a tank of fuel. The Republicans in the assembly and senate are trying to get the requirement lowered to only 1/4 tank.





    Of course, I could be kidding....but if you know NY laws....I may not be.
    Of course you could be serious. Maybe not. Good fun.

    Preserve the 2nd amendment and firearms, THE NRA NEEDS YOU NOW!
    May the happiest day of your past, be the saddest day or your future.
    Today is the very first day of the rest of your life!

  9. #18
    I am living in new york, for the next few months and from what i understand that is pretty close to the law. you must make every attempt to escape from your own house, apartment, and car to avoid using force. I have a few friends that told me it would be better to pull my knife kill the guy trying to rob me then run away. you would think big cities with millions of muggings would change the law

  10. #19
    Well, sort of.

    Truth is, you do not have to retreat from your own house, but other than that you are correct. I describe it as a pseudo castle doctrine. You sure as hell can't use force to protect property....you must abandon it if you can retreat to safety.

    The only time you can use deadly force is if you are SURE you are about in IMMINENT danger because, you cannot retreat any further, the perp has the ability to actually hurt you (i.e. he has a weapon and is close enough to wield it effectively). There are actually 4 things that must be present for a satisfactory self defense argument to fly. I think there is one more, but I can't remember it.

    Nice, huh?




    Quote Originally Posted by infntrysuicdekng View Post
    I am living in new york, for the next few months and from what i understand that is pretty close to the law. you must make every attempt to escape from your own house, apartment, and car to avoid using force. I have a few friends that told me it would be better to pull my knife kill the guy trying to rob me then run away. you would think big cities with millions of muggings would change the law

  11. #20
    Quote Originally Posted by FN1910 View Post
    in SC where we have "Castle Doctrine" and "Stand your ground" laws there is also the "Alter Ego" principle and it applies in many cases especially your question.
    The "Alter Ego" law is cool. It says that you can put yourself in someone else’s shoes and act accordingly. For example if two evenly matched men are fighting you cannot shoot. If a man was beating a woman she could shoot. If you saw a woman being beat by a man you could “put yourself in her shoes” and shoot. FN1910 did I explain this right?

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