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Old 12-07-2012, 07:28 PM   #41
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I am not sure about America in the UK you have to carry your firearm unloaded to the range . You can also use any weapon that comes to hand for self defence if your life is at risk. So if you could get to your firearm in time you could use it . As in all cases it will be the police and public prosecution service the D/A in America that will decide if you were justified using the firearm or not and if it goes to Court or not.

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Old 12-07-2012, 07:38 PM   #42
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Originally Posted by JimRau View Post
ALL use of force situations in self defence are based on a 'reasonable, articulable fear'. If this 'fear' is of 'serious bodily injury or death' to yourself or another you would be justified in using 'deadly force'. Some jurisdictions place another requirement on you even then, and that is to prove there were no other 'options' available to you before you use 'force'.
You can 'what if' all day long, but this is the bottom line!!!!
Hope this helped,
Jim
I need to add to this. "If you can't 'reach out and touch it' when you need it you may as well not have it with you." In other words an unloaded gun with the ammo/magazine separated is useless in a true self defense situation. As a matter of fact if you have time to 'get, and load it' before you shot it would seen you were 'premetated' in your actions!!!!
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Old 12-07-2012, 11:12 PM   #43
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Some jurisdictions place another requirement on you even then, and that is to prove there were no other 'options' available to you before you use 'force'.
Jim
In that case should I just stay in my room rather than finding out what/who is in my house?
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Old 12-08-2012, 09:57 AM   #44
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In that case should I just stay in my room rather than finding out what/who is in my house?
Yes stay in your room and ring the police only leave your room if you have no choice. The last thing you want to do is search around your house not knowing what you are going up agnist.
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Old 12-08-2012, 11:31 AM   #45
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For me I will be standing at the top of my stairs that lead to my wife and our kids bedrooms. And I will call the police and defend our kids with my life.

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Old 12-08-2012, 02:57 PM   #46
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Originally Posted by manta View Post
I am not sure about America in the UK you have to carry your firearm unloaded to the range . You can also use any weapon that comes to hand for self defence if your life is at risk. So if you could get to your firearm in time you could use it . As in all cases it will be the police and public prosecution service the D/A in America that will decide if you were justified using the firearm or not and if it goes to Court or not.
It's safe to say that we in the US have more latitude in dealing with housebreakers than a UK citizen. When I was stationed there, we were told that we were not to assault burglars/thieves or we could be in in more trouble than them. I thought it nice that we were not actually obligated to help them carry our stuff out to their car. If for some reason the thief or burglar is injured when the local constabulary arrives, we were to describe how the perp fell down the stairs multiple times and that you were, in fact, attempting to administer first aid, not restraining him for stealing our stuff. I also was left with the impression that car thieves in the UK have more right to your car than you do.

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Originally Posted by JimRau View Post
I need to add to this. "If you can't 'reach out and touch it' when you need it you may as well not have it with you. In other words an unloaded gun with the ammo/magazine separated is useless in a true self defense situation. As a matter of fact if you have time to 'get, and load it' before you shot it would seen you were 'premetated' in your actions!!!!
Agree-unloaded gun is purely decorative.
Premeditation (I presume) - Sorry, no. A lawful shooting is a lawful shooting. When your ammo went into the gun is irrelevant, or should be, barring any other oddball shenanigans.

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Yes stay in your room and ring the police only leave your room if you have no choice. The last thing you want to do is search around your house not knowing what you are going up agnist.
A home invader rarely has the householder's best interests in mind. My house ain't that big, and I know better than they do. I will very likely have a word with my uninvited guests on my terms, not theirs. This isn't the UK, criminal's rights don't trump those of the victim nearly as often.

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In that case should I just stay in my room rather than finding out what/who is in my house?
Do what is most appropriate for your situation. I don't know you, your abilities or your living situation. I would, however, recommend having more than one plan available.
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Old 12-08-2012, 04:22 PM   #47
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This is applicible to Tennessee only:

You have the right to defend your property. That is, if you catch someone breaking into your house, your outbuildings, or your car, you have the right to confront that person or persons. You are not required to notify police, but it is a good idea to call 911. The premise here is that you may not be sure the person or persons are actually breaking in, or are the perpetrators. If you do confront him, or them, and they threaten you, then the use of deadly force is indicated. If they turn and run, the "threat is withdrawn" and deadly force is not to be resorted to.

Bob Wright

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Old 12-08-2012, 04:29 PM   #48
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UK citizen. When I was stationed there, we were told that we were not to assault burglars/thieves or we could be in in more trouble than them
That's not correct you have the same right to self defence in the UK as America. Example below.

Vincent Cooke, 39, stabbed Raymond Jacob, 37, during a struggle in Bramhall on 17 September.

The Crown Prosecution Service said he would face no charges having ruled that he acted in "reasonable self defence".


(Crown Prosecution Service guidance emphasises that homeowners are not expected to make “fine judgments” in the heat of the moment. Acting in a way that you believe is “honestly and instinctively believe is necessary” is the foundation of self-defence and extends to chasing an intruder).

A person may use such force as is reasonable in the circumstances for the purposes of:
self-defence; or
defence of another; or
defence of property; or
prevention of crime; or
lawful arrest


The impression in America that you can't use lethal force in to defend yourself in the UK is just wrong.
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Old 12-08-2012, 04:40 PM   #49
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Quote:
Originally Posted by manta View Post
That's not correct you have the same right to self defence in the UK as America. Example below.

Vincent Cooke, 39, stabbed Raymond Jacob, 37, during a struggle in Bramhall on 17 September.

The Crown Prosecution Service said he would face no charges having ruled that he acted in "reasonable self defence".


(Crown Prosecution Service guidance emphasises that homeowners are not expected to make “fine judgments” in the heat of the moment. Acting in a way that you believe is “honestly and instinctively believe is necessary” is the foundation of self-defence and extends to chasing an intruder).

The impression in America that you can't use lethal force in to defend yourself in the UK is just wrong.
Be that as it may, it's perpetuated by the members of the Suffolk Constabulary who brief this stuff during our in-processing at RAF Lakenheath.

FWIW, I got the impression that they believed we were all a bunch of overprivileged, violent vigilantes who would prey upon the less fortunate, misunderstood criminals in our midst.
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Old 12-08-2012, 04:44 PM   #50
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Edit double post.

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