Re: Disarm and shoot legalities

[Jon Roland]

The answer depends on many things, such as whether the mugger surrenders and complies with your orders to lie face down spread-eagled (better than hands behind head), or to submit to being bound. If he refuses he shows clear signs of being a continuing threat, and if you don't have a way to bind him, or to call the police to come take custody of your arrest (you did announce he was under arrest, right?). The presumption is that you are justified in shooting, if the guy dies and there are no witnesses. The course of events may depend entirely on how commanding you are. A command voice can be as important a weapon as a firearm. Cultivate it. It can save your life or your need to whack someone. Guy Smith wrote: After a recent martial arts class where we were learning how to take a gun away from an attacker, an interesting question came up and I was unsure of the answer.  Stipulated:   1)       A mugger had pointed a gun at you and you were in reasonable fear of your life. 2)       You successfully take the gun from him. 3)       You still consider him dangerous though you do not see him holding another weapon. 4)       He is not fleeing.   Can you shoot him with his own gun?  My gut instinct is that you would be charged with aggravated assault at very least.  But does the mugger’s immediately previous action and lack of retreat constitute a continuing threat, justifying lethal force? -- ---------------------------------------------------------------- Constitution Society 7793 Burnet Road #37, Austin, TX 78757 512/299-5001 www.constitution.org [EMAIL PROTECTED] ----------------------------------------------------------------

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