SomeGuyInCali
Regular Member
imported post
Does anyone know the legality of LOC on private property that is not yours but you are authorized to be there. The owner of the property is not present to be aware of your LOC status.
Here's the scenario:
A Real Estate Appraiser goes into a bad neighborhood to valuate a bank repossessed vacant home. Often times these properties become inhabited by hiding criminals, drug labs or disgruntled homeowners. It goes without saying that these properties can be dangerous for a real estate agent or appraiser. The appraiser is, however, fully authorized to be on the property by virtue of the fact that the lending back has hired said appraiser to valuate the property. The appraiser faces an attacker coming at him/her, draws LOC weapon and shoots attacker.
Since an appraiser has little chance of actually speaking with someone to "authorize" a load gun on the property what are the legalities? I did some research and did not find anything that would it this scenario.
I have a friend who has run into several dangerous situations while valuating REO (Real Estate Owned) properties and came face to face with dangerous people.
Most of the time the attacker in this situation would be armed with a knife. Some might argue that a knife is not enough to constitute use of deadly force with a gun. However, citing the Sergant Dennis Tueller Drill, a knife attacker within 21 feet poses a significant and imminent danger of your life. You must know this prior to being in this situation to be defensible in court, without prior knoweledge you can be tried for murder. You must have a prior knowledge of what is actually deadly force to establish reasonable belief that your life is in danger. Dennis Tueller specified this.
Does anyone know the legality of LOC on private property that is not yours but you are authorized to be there. The owner of the property is not present to be aware of your LOC status.
Here's the scenario:
A Real Estate Appraiser goes into a bad neighborhood to valuate a bank repossessed vacant home. Often times these properties become inhabited by hiding criminals, drug labs or disgruntled homeowners. It goes without saying that these properties can be dangerous for a real estate agent or appraiser. The appraiser is, however, fully authorized to be on the property by virtue of the fact that the lending back has hired said appraiser to valuate the property. The appraiser faces an attacker coming at him/her, draws LOC weapon and shoots attacker.
Since an appraiser has little chance of actually speaking with someone to "authorize" a load gun on the property what are the legalities? I did some research and did not find anything that would it this scenario.
I have a friend who has run into several dangerous situations while valuating REO (Real Estate Owned) properties and came face to face with dangerous people.
Most of the time the attacker in this situation would be armed with a knife. Some might argue that a knife is not enough to constitute use of deadly force with a gun. However, citing the Sergant Dennis Tueller Drill, a knife attacker within 21 feet poses a significant and imminent danger of your life. You must know this prior to being in this situation to be defensible in court, without prior knoweledge you can be tried for murder. You must have a prior knowledge of what is actually deadly force to establish reasonable belief that your life is in danger. Dennis Tueller specified this.