Regarding query #3--- how would one know during the time this flake was attempting to take your gun that they ONLY desired to separate you from it vs. getting the gun to use it on YOU!? Would this act not justify very aggressive defense of self in what ever manner was needed to maintain your possession of your gun! and to stop the aggressor's assault upon you?With this person's statement of action, I can see at least three crimes she is threatening to commit.
1 - The very threat itself could be called "assault".
2 - Spraying with the pepper spray is akin to physical contact, hence "battery".
3 - Taking the OCer's firearm is nothing more than Robbery.
If she is so lunatic as to carry out that threat, can't you just see her, in a virtual panic because of what she has done, standing there, waving the gun around (a "tool" that she may not have ANY familiarity with) when the cop rolls up? What do you think this poor cop is likely going to do? If she is hysterical, waving the gun around, SHE will most likely get herself shot!
Just what she deserves for what she did, too !!
Nemo, I don't believe so as pepper spray is "nonlethal". From what I've read over the past several years, use of lethal force against a smaller opponent using nonlethal force COULD get you in a peck of trouble. Remember, this tweet was made by someone using a female name. If a woman tried this and got killed for her effort by a man, NOT good. Another woman of similar size MIGHT be able to avoid prosecution.
But, as so many say, "IANAL". So don't quote me!!
Once a criminal has your gun the disparity of force goes out the window, especially after being peppered sprayed. If she did it to an off duty cop I could almost guarantee lead poisoning as the result. For someone with heart, and or lung issues it could be deadly, justifying lethal force. IF she got the gun, then the BUG would be used, and clearly justified. But I would not get into an online urinating contest with her, though in NC she could be charged with conveying a threat for her post.
Adding, IF someone attempts to acquire my firearm from me by force--- just how AM I to tell what that person's ultimate intentions are-- even as a NON-LEO? It is very reasonable to believe in my mind that I would be in a fight for my life and the use of force, potentially even lethal force, is justified.
And therein lies the rub. We are not LEOs and prosecutors will take a slanted view if a man were to kill a woman, even after she takes his gun.
We aren't mind readers Joe. That's why there are laws that are mainly used to "punish" the offenders. What mayhem they create leading up to their prosecution is anybody's guess.
Being one of those few persons who is not affected much by pepper spray Nemo
This person is assuming the OC'd gun is the only gun on the person. What a dummy.
The safety pin is enough to know that this person would NEVER actually do this.