Thursday, September 30, 2021

In the eyes of the law in determination of justified defense/action, does fear for one's life and safety have to be able to be explained or does the danger posed have to be credibly lethal? ...example, a vehicle


This questions comes after a close call with a reckless driver. I'll try and keep the text wall short.I live at the top of a hill with a two-way road that's only only wide enough for one car at a time. Half way up the road is a blind curve. There is a sidewalk on either side of the road but it is not wide enough for a baby stroller and typically cars drive slow enough on this road to make it safe to walk on the side of the road. On this particular day I was not carrying, although I'm not sure it would have made much of a difference in this scenario. I don't think I would have had time to draw, and even if I did and fired a shot/s it could have made the dangerous situation we were in worse... that said, the following is what happened and is what got me thinking about the question posed in the title of this post.My wife, baby in stroller and I were walking up the hill, myself pushing the stroller on the side of the road and by wife on the sidewalk. A car passed us slowly and considerably going around me and my baby in the direction of the blind curve which was about 20-50 feet ahead of us. When they reached the blind curve another car that was coming in the opposite direction pulled to the side and stopped so that the car that had already passed us had room to go through. Once the first car passed, the car that stopped floored it, accelerating incredibly fast and appeared to be coming directly at me and my baby. I had no space to move the stroller out of the road or the time even if I had space with the speed they were going. I instinctively yelled as loud and clear as I could "slow down", and braced for impact. Thank G-d they didn't hit us. They passed us going extremely fast, however, and I could see the driver and passenger laughing as they passed and we made eye contact. Realistically I know I wouldn't have had time to draw, and even if I did and fired I know that firing at a driver as they're coming towards you could potentially pose a greater threat since they could lose control of the vehicle.In the eyes of the law in determination of justified defense/action, does fear for one's life and safety have to be able to be explained or does the danger posed have to be credibly lethal? ...example, a vehicle. A car is a deadly weapon when used improperly. Is the improper use if a vehicle hence a credible threat to justify self defense? via /r/CCW https://ift.tt/39UTKUJ

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