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Thread: New Defensive Force Ruling

  1. #1
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    It looks like the Kansas Supreme Court may have just made it illegal to defend yourself against an attack bythreatening force.

    I've not read the opinion, so check it out to be sure.

    http://www.kscourts.org/Cases-and-Op...1023/97323.pdf



    I found out about it here: http://volokh.com/
    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.

  2. #2
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    Hendrix the defendant pulled a knife on his sister in self defence because he though she would slap him. In this case I agree with the court.

    This court case does not say you cant use the threat of force to defend yourself.

    When a police officer pulls his weapon a tells you to drop your weapon that is threat of force.

    If the sister had a knife a started comming at him with it saying im going to kill you, & if he pulled a gun an she stoped he would be just fine no problems with the law.

    It must be reasonable Im afraid my sister will slap me doesw not give you the right to pull a knife on her.

    You must be afraid for your life to pull a deadly weapon.

     

    Just my opinion

    I would love to here yours.

  3. #3
    Regular Member Damiansar-15's Avatar
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    I disagree that officers present their weapons as a threat of force. They are drawing their weapons to prepare for a potentially dangerous situation where they might need to use deadly force. If the guy was really threatened, I have no problem when someone drawing a knife, gun, rifle, etc... to get ready...I think the law needs to error on the side of defender when finding someone's actions as reasonable or not.

    I have been in situations where my life was threatened by someone else, but felt comfortable enough my training, weapons and mindset that I could overcome the situations and win. Does this mean that I should not make ready when there is threat, even though I am not "scared" of someone who wants to seriously harm me.

  4. #4
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    Damiansar-15
    I disagree that officers present their weapons as a threat of force.



    Wrong I worked for Pismo Beach Police Dept for 7 yrs. this is what they are doing, aswell as getting ready for the threat. Stop or Ill shoot.....

    Does this mean that I should not make ready when there is threat, even though I am not "scared" of someone who wants to seriously harm me. NO but the law states that you must be in fear for you life or the life of someone else to draw and fire.

    its called stages of force.



    ps if your not scared if someone is there to hurt you an your not scared your crazy.

  5. #5
    Regular Member Damiansar-15's Avatar
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    I think we have a communication breakdown here. Some State officals would call presenting a weapon with threat of force assault unless there is cause. My brother is WPD and often times he draws his weapons to be prepared.To dothis as a threat without cause is assault. I think we would agree that it depends on the situation. I reread your post and if someone had a weapon and cop told them to drop it, this is most likely a proper threat of force. If someone threatens to slap a cop and he pulls out his gun and threatens force, this might be deemed unnecessary and considered assault. Although, there was a fork stabbing in the face at my highschool by a girl who first threatened to slapanother kid for a smart remark. I bet he wished he was better prepared before that went down...

    Per the definition of scared/afraid, (frightened: made afraid; "the frightened child cowered in the corner"; "too shocked and scared to move" afraid(p): filled with fear or apprehension; "afraid even to turn his head";
    wordnetweb.princeton.edu/perl/webwn) I also think we have a communication problem. I once was threaten by a homeless drug addict on the street when I did not give him money. I used John Farnam's (DTI)approach , "I am sorry sir I can't help you", and kept moving; this pissed the guy off and he said he was going to stick me with a knife as he followed me within 20 ft down the street. Did I cower in the corner, becomed filled with fear unable to turn my heador become too shocked to move? No, I kept a cool pulse on the situation and tried not to engage with a gun, knife and/or Krav Maga. I was able to get away and I went home safe without having to escalate the situation. Legally, I could have lit this guy up, because this would be considered a life-threatening situation. So, no, I don't think I am crazy when I don't exhibit the defintion of afraid/scared.

    BTW, I respect and appreciate your service to the country...

  6. #6
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    Self defense has now been restored in Kansas!


    Governor Signs Castle Doctrine Clean Up Bill[/b]

    Today, Governor Mark Parkinson (D) signed Senate Bill 381 into law. This bill, more commonly known as “castle doctrine” legislation, will make important corrections to Kansas’ current self-defense statute.

    The recent Kansas Supreme Court Ruling in State v. Hendrix stated that ifa person threatens force instead of actually using deadly force,the individual is not entitled to a self-defense jury instruction and could be charged with aggravated assault. The ruling was applied to an individual who threatened force (but never discharged the firearm), when his fiancée was assaulted and was subsequently charged and given a felony conviction. He is now a prohibited person for exercising his God-given right of self-defense.

    NRA has diligently worked with the legislature in both chambers to make sure that Kansas citizens’ self-defense rights are clearly articulatedto minimize the chances that the State Supreme Court will misinterpretthe legislature's intent.

    Please contact Governor Parkinson and your legislators to thank them for their hard work and support for this important self-defense clean up bill. For your legislator’s contact information click here. Governor Parkinson’s contact information is listed below.



    Governor Mark Parkinson (D)

  7. #7
    KansasScout
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    I was a bit worried that Parkinson might not sign the bill but I am most pleased to see that he did. This is great news for Kansas! Now, Hendrix should be pardoned immediately.

    I do think that the case of Hendrix was a bad case making for bad law but at least the law has now been corrected and I am pleased that Kansas did not procrastinate in this matter.

    Yet another great reason to be living in Kansas.

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