Will that and the AR with 1000 rounds in the car, hurt me in court?
Will that and the AR with 1000 rounds in the car, hurt me in court?
In many of the videos I have seen I note that a large OC fogger unit would have likely been very useful to some of the folks trapped in the interstate highway blockades.
I am the owner of Agile/Training and Consulting
www.agiletactical.com
Great idea, but I prefer the exhaust flamethrower kit: http://www.alpineco.com/accessories/
"Gunfighting is a thinking man's game. So we might want to bring thinking back into it."-MDFA
Beware of my temper, and the dog that I've found...
Well this seems to be in the news again, with the reports of anti-Trump protests interacting with cars / Trucks.
Today I'm going to re-read my copy of Mr. Branca's book and remind myself of the five elements of a self-defense justification.
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There's nothing civil about this war.
Question for the LEOs:
Absent observable threat to your safety (pitchforks, bad language, thumping car, etc.) what does the law say about physical avoidable contact with an unyielding pedestrian on a public highway?
So, you are stationary among a group of demonstrators. One moves in front of your truck.
You move forward to just shy of the person and stop.
Do I, or do so not, have reasonable right of way such that I can pull forward into contact?
I say no. Absent imminent threat, I think the motorist has a duty to attempt to pull back and try a different route.
Call the police, blow horn, etc. all are ok with me.
But unless you can define a threat to your person, I'm not sure how you avoid a charge of vehicular assault (I made that up) if you simply run someone down.
Thoughts?
Last edited by RJ; 11-16-2016 at 12:33 PM.
You answered your own question, Rich. "Assault" is never justified. Self-defense is justified when circumstances warrant.
You must be able to articulate a reasonable basis for your action, such as a reasonable fear of serious bodily harm or death. Being late for a lunch date is not sufficient. Being put in mortal jeopardy is.
There's nothing civil about this war.
You're on the right track.
Legally no one operating a motor vehicle ever has "right of way". Pedestrians never have "right of way". Trains on tracks crossing roads have right of way, planes landing on airstrips have right of way. When it comes to operating motor vehicles and pedestrians in the roadway, who has right of way gets confused with who has a greater obligation to yield the right of way.
Regardless of opinion about who has right of way, asserting that belief and deliberately striking a pedestrian or another vehicle when reasonable evasion action can be taken, is a criminal offense.
Can deliberately running over protesters be justified? Absolutely. Is deliberately running over protesters while asserting some non-nonsensical belief right of way a good way to end up in prison? Absolutely.
Whether you think you can or you can't, you're probably right.