--- In [email protected], [EMAIL PROTECTED] wrote:
>
>  
> In a message dated 8/1/06 12:51:22 A.M. Central Daylight Time,  
> [EMAIL PROTECTED] writes:
> 
> Reasonable Person Test:
> 
> someone points a gun at you and you  shoot him. It turns out to be unloaded. 
> No problem.
> 
> someone, in front  of you, empties their gun, checks to make sure there is no 
> round in the  
> chamber, than points it at you and you shoot him. It turns out to be  
> unloaded. BIG 
> problem.
> 
> 
> 
> And just what are the chances of scenario number two ever  happening?
>

It's a radical example of the "reasonable person" clause. Here's a real life 
example:

A guy I know very stupidly intervened when a crazy man was accosting people 
outside his 
appartment. He got his pistol and waved it in the guy's face and told him to 
back off, 
which the guy did. 

A few minutes later, my friend was sitting in his apparetment when someone 
started 
pounding on his door and screaming. It was the same guy, which he wisely didn't 
let in. 
The pounding grew more insistent, so my friend called 911. Meanwhile the guy is 
hitting 
the appartment security door hard enough to actually come THROUGH it and into 
the 
appartment. My friend, still on the phone, says "stop or I'll shoot. stop or 
I'll shoot. stop..." 
BANG. One shot, close range, in the heart.

The police come and take thebody and gun away. The next day they bring the gun 
back.

No hearing.

"reasonable person," etc...









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