From: "E.J. Totty", [EMAIL PROTECTED]
[...]
From BBC News on the net
Farmer case exposes legal confusion
...
"If you think there are people coming in and you
are in danger, then I think you are entitled to strike
the first blow.
"If you are looking as though you are acting reasonably
then they tend to give you the benefit of the doubt.
"Clearly if you are in your bedroom and you hear somebody
coming in and you hit them - that's probably going to be
reasonable.
"But if you were to creep downstairs and go up behind
somebody and they do not know you are there and you cave
their skull in - that's not reasonable."
[...]
Out of respect to Neil Francis, [EMAIL PROTECTED],
and for not having spoken this sooner, allow me the following:
In the US - generally speaking, the advice given to
most new and experienced firearms owners (who ask) is that
if you are in your abode, and happen to be aware that another
person has entered the premises of same, that your safest
approach is to assess the invader in a loud voice that you are
armed, have called the police (911), and that they are to
promptly leave.
This is referred to as the 'reasonable person'
scenario, because any reasonable person would then leave
the said premises. If you are either subsequently attacked,
or the invader does not depart, then you would be well within
your rights to injure. At that point, a reasonable person would
understand that the invader has entered with the intent to do
injury.
Had Tony Martin employed the strategy as above,
he might not be in the dire straights he finds himself. But then
the law in the name of the police hardly ever attempts to
assess the citizen until well after the fact.
Those members of this list might make note of this,
and attempt to garner as much word of mouth as is possible.
The more firearms owners we can save from serious
affronts to the law, the better for all of us.
ET
-
The problem is in this country is that there is zero effort made
to educate the public as to what they should or should not do other
than the pathetic "scream for help" or "phone the police" that is
obviously going to be inadequate advice in many circumstances.
Hence you have people like Tony Martin acting the way they do
because they don't know any better.
Steve.
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