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- A gun is pointed at me - self defense - A gun is pointed at someone else - protecting society - A gun is being carried in a way that makes it obvious that someone will be shot (think school or shopping mall) - protecting society - A gun is seen in the hand of someone who is threatening me - self defense? <<<< I would put the bar no lower than here >>>> - Someone threatening me is reaching for a visible gun - self defense?? - Someone threatening me puts his hand in his pocket - ??? - Someone is acting in threatening manner and looks like a thug - ??? I believe there should be an actual, credible threat to someone's life before using deadly force. Not just the belief that he may have been reaching for a gun but actually seeing the gun. If you're going to shoot someone then you better be right - in this case the permit carrier was not right. He may not be criminally liable or charged but his rational thought was incorrect. Did he have to shoot that quickly? <Complete speculation> According to reports, Hudson was reaching for his pocket. In the time it took him to do that, the shooter (permit carrier) was able to decide that he needed to act, reach to wherever his concealed weapon was, extract it, arm it, aim it, and fire. He either has a very quick reaction time or Hudson was more fumbling than grabbing for a gun. In either case it seems the shooter would have had time to pull the trigger AFTER actually seeing a gun. He had the draw on Hudson, Hudson was being slow, and when he would have been able to first see the gun it would have been pointed at Hudson's foot. |
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I know a woman who carries a pistol in her purse as she was the victim of domestic violence and has a concealed carry. |
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And we do not have enough facts to know if this deceased person was known as a regular or whatever at Applebee's as well as the story of the man who shot him. Did they have any experience with one another? |
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Where are you more likely to encounter a shooter, a restaurant or a school?
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This seems to be pretty much a slam-dunk. No charges coming.
Despite what some people seem to believe, Florida law does NOT mandate that a gun be seen. All that is needed is "reasonable cause" to believe the person has a gun and is going to use it. A guy shooting randomly in a parking lot, then coming inside angrily demanding who called the police on him and then reaching into his pocket--to me, that seems to be pretty much a textbook example of "reasonable cause". |
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I believe there should be an actual, credible threat to someone's life before using deadly force. Not just the belief that he may have been reaching for a gun but actually seeing the gun. If you're going to shoot someone then you better be right - in this case the permit carrier was not right. He may not be criminally liable or charged but his rational thought was incorrect. Quote:
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According to recent reports, the deceased was firing a gun into the air outside the restaurant. That gun had to go somewhere... There is still an ongoing investigation... |
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That is the only "reasonable" response I can think of. |
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Those saying that the shooter acted without cause seem to think it would have been a simple thing to take control of the angry man until police arrived. Like Roy shooting guns out of people's waving hands. Simple. Easy peasy. In some cases, the old adage "he who hesitates is lost/last" applies. In other cases, the old saying "look before you leap" applies. You can't do both, and you have a terrifying and wild situation and you must choose NOW! When we try to play armchair judge we do not generally do any damage either way. But when you think you have fallen into a life or death situation and things are happing very fast, you don't the luxury of time to play "what if". I don't know enough to know what I think should have been the best course of action. I only know what I did in a similar situation long, long ago. |
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Maybe it was a 9mm cell phone. jeez
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For the umpteenth time, whether or not the person who was shot had a gun at the time he was shot means NOTHING. All that matters is that the person who shot him had REASONABLE CAUSE to believe that he had a gun and was going to use it to injure or kill people. And everything that happened up to the time the guy was shot, certainly points to that.
People who comment on the law might try to understand it first. |
As I stated previously, about 90% of this thread is conjecture. Some people want it to be self defense and others want it to be murder.
Let's wait for the facts to come out. Remember the Ferguson case? Some people claimed that the police killed an innocent man who had his hands up. Others claimed that Brown was attacking a police officer. |
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Someone is dead. And I do not see a reasonable cause here to kill another person. How does the shooter even know who was shooting outside of Applebee's? Where was the killer sitting and how far was that from the victim? The victim is the murdered man. And I have a law degree from the U of MN. Class of 1989. The current Attorney General of MN is Class of 1990. We did go over how FACTs were important in cases. An angry man walks into Applebee's carrying a gun in his hand. That is reasonable cause. |
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That might be the only reasonable argument that may stand up. You just can't shoot every person who reaches into there pants. Also the law doesn't say reasonable it says imminent danger. Was the guy in imminent danger? Just release the video so us TOTV lawyers can decide. |
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this is an example of a very good thread. so many points & opinions expressed in a consistent manner.:coolsmiley:
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[QUOTE=JGibson;2202465
Was the guy in imminent danger? [/QUOTE] Even if the "now deceased" had gun in hand pointing at the "shooter" and was threatening to kill, it can still be argued that he, the "now deceased",was simply frightening and never would have killed anyone, or that the gun was empty, or, or, etc, and therefore the "shooter" was actually never in imminent danger. That being said leads me to think one (the shooter) is guilty because he was pro-active (shot first) instead of reactive (waited to be shot before he could return fire). Is that what is being argued here? Still waiting for all the facts to be determined. Still, if being the first to use your weapon against a perceived threat (pro-active) makes you guilty in every instance, (and even the worst lawyer can play "what if" for weeks on end), then a lot of folks who bought weapons for protection better practice duck and cover before ever drawing their gun. |
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