imported post
Well my turn to chime in here, IANAL nor a certified instructor, this is information I am offering for you to consider in hopes you will seek professional training as you would receive at a qualified training school.
There is a difference between the use of force and the use of deadly force and the RCW's that apply to both.
Our defense weapon is a tool of last resort, this is not to say that this will not be the first and only tool you have time for but in the situations being discussed in this thread there are other liabilities to be considered when being judged by others as the use of force will not be more then necessary then required to stop the threat as seen through the eyes of a reasonable person that knew what you knew at that point and time and would have came to the same conclusion.
As with most people we must come to a choice of why we carry our weapon and you will find your own reasoning but here is mine, I choose to carry my self defense firearm to protect my life or a life of another. Taking a life of property that I can replace is not worth taking a life or loosing my freedom and security over.
Law Enforcement is charged with the safety of the Public at Large and our Military is charged to Defend our Country.
Anytime you introduce a deadly weapon into a situation be prepared to be arrested at the minimum and even be charged and now with the tasked of proving your actions were warranted be it by Law Enforcement, Prosecutor, Jury or a Judge.
Some of the RCW's that govern the use of force.
RCW 9.41.270 Weapons apparently capable of producing bodily harm
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony;
(a) Ensure you read this and read it again and understand this RCW well, there are exceptions to display of your weapon to stop a threat.
Note "Your Place of Abode" is defined as with in your home, attached garage/building or attached porch or deck. If you step off the deck or enter an unattached garage or building from your home then this exemption does not apply.
(c) If you can articulate that you are being threaten of life or limb then drawing your weapon to deter the foreseen attack then you would again be able to draw your weapon to deter the attack.
(d) Is an entire different can or worms and I will not address, unless you have to call 911.
Now lets look at the Use of Force which would be the first step if possible.
RCW 9A.16.020 Use of force — When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
(4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
(5) Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety;
(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.
RCW 9A.16.030 Homicide — When excusable.
Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.
RCW 9A.16.050 Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.
If you want to receive a short course on the use of deadly force along with many other issues relating to using a firearm in a self defense shooting try The Marksman in Puyallup, WA with Ron Schmitt
http://www.themarksman.net/personal_protection.php
Personal Protection and The Use of Force $125.00
For the master of the Use of Deadly Force then look to FAS
http://www.firearmsacademy.com/ and look for Massad Ayoob and his LFI 1 Class, where professionals and Attorneys go to get the hard and fast information.
Hopefully this will just add to your questions and hopefully drive you to seek out professional training.
