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Thread: Initial Confrontation

  1. #1
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    Hello-New here, just joined. Enjoy reading everyone's posts. Just a question about the law on drawing your weapon. What exactly does it mean to be part of the initial confrontation? Does that mean you started it yourself?

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    Regular Member VAopencarry's Avatar
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    I don't know if the law specifically say's anything about initial confrontation. But basically, if you initiate or escalate a confrontation it will be a lot harder to defend your justification for deadly force. You should only be drawing your weopon if your life or another life is threatened.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    in the sate of virginia you can also defend third party with deadly force. Initial confrontation means to me like,:

    me: what the hell u want?

    joe: i am gona beat u up cuz u were eyeballin on my girl

    me: i was not, hey if u step up i ma kick ur ass

    joe:u want some step up

    me: F u A$$ hole come get it

    "you are in initial confrontation"

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    Egging somebody on to engage in a mutual-combat fight with you over some petty disagreement or disrespect is NOT a 'deadly-force' confrontation. If you shoot someone as a result of participating in such stupidity, it is paramount to murder/attempted-murder.

    When you carry a gun, an ego can only get you into deeper trouble. Leaveleave one or the other athome (preferably the ego). Aggressive OC'ers who act irresponsibly and display an egregious lack of judgement/intelligence only serve to make the rest of us look bad under the scrutiny of antis.

    molonlabetn

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    Founder's Club Member Tess's Avatar
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    I did some searching last night, and couldn't find a defnitive explanation.

    From what I did see, it appears if you are a part of the reason the situation escalates; if you do something that causes another to then become aggressive against you (even, swatpro911, asking "what do you want?"); if you initiate the confrontation, you are perceived to be part of the initial confrontation and less likely to be able to claim self-defense.

    IANAL, or a law student - just a reasonably intelligent person trying to learn something. Hope this helps.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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    "Don't start nothing, there won't be nothing" is usually what works for me. I make it my 2nd full time job (with overtime :P) to avoid confrontation. I am too young and too old to deal with meaningless actions.

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    there are lot of people out there who will try to get you in confrontation so basically best thing is to do is turn around and leave. what if that person says, 'you chicken, why u leaving fool? come back and face it like a man." and stops you from leaving then i would say put him down on his belly and holdem til the police come and you cud say he was the aggressor, and was out of control and I subdued him instead of using deadly force.

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    swat,

    Your post was great...thanks!

  9. #9
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    Hello folks,

    This subject is one where a person can get into a lot of hot water depending on exactly how he acts. In addition to our discussions here, Istrongly recommendconsulting people who have studied the subject in depth. Here are some I've come across that I judged to be well thought-out:

    Book: In the Gravest Extreme by Massad Ayoob. Available through Police Bookshelf at Lethal Force Institute. Sometimes in gun stores.

    Book: Virginia Gun Owners' Guide by Alan Korwin and others. Available through Bloomfield Press at www.gunlaws.com. There are versions for a number of states.

    Video: Judicious Use of Lethal Force by Massad Ayoob. Availablethrough the same channels asabove.

    Website: http://www.firearmstactical.com/index.htm

    Does anybody have additionalsources for the list?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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