does it have to be lethal?

Seth,

And thanks for the compliment.

For the record, I don't have a problem with the Concept of The Gunting, don't have a problem with letting someone go with their life although I don't want to see them again. And if it is a "Manhandling" situation, I don't have a problem with using The Gunting as it was intended.

When I have poured cold water on The Gunting in here, it was only to point out what I just did above, and to say, it's still a knife.

In many places, regardless of the intent of the design, it is going to be looked at as a knife. For a Civilian, this is not good. Because in situations where you can use it, primarily closed, you have drawn "Lethal Force" out of your pocket. Not only have you drawn it, you have used it. Just like pistol whipping someone...

For Law Enforcement, it's entirely different. They are allowed to brandish [firearm] if they even smell danger. This is a big difference between how an Armed Civilian conducts themselves in public and a LEO.

This is where LEOs have it good [one of the only places they have it "good" tactically speaking]. If they are in close proximity to you, they can order you not to move. They can lock you up if you don't listen. You make one move, they can draw.

[Remember, no shots fired, we're talking about producing the weapon]

The Civilian who has the Carry Permit, if he does that, he's in the jackpot. Because he was not confronted with anything that even smelled of "Lethal Force" just yet. He draws, he goes to jail, he has no more firearms or permit. "Brandishing."

The Civilian is held to a much higher standard of conduct when it comes to drawing the weapon. Any weapon. I have seen "Guns Out" on LEOs many, many times, it is nothing to see them with guns out. You drive by a traffic stop, the person inside the vehicle makes a wrong move, guns out. I understand that, I'm just saying that is not what a Citizen can do, out of pure fear of what might happen.

I will tell you an interesting story about working for an Alarm Company.

In 1989 when I first started working there, the Badges were gone, Technicians were Technicians, the carry permits and badges were a thing of the past. No more were issued.

It was SOP to have, "My Dispatcher call your Dispatcher," yet, sometimes that broke down, or the Officer panicked. He thought he had a Burglar on his hands. We were providing Key Service, you see. We had keys to many of these buildings. They had a tendency to be in bad areas where Owners and Managers did not want to go at 3:00am, therefore, they purchased this Service and provided keys.

Even with sleeve patches and a small patch over left chest, I still had gun after gun pulled on me.

So, one night, after having this happen and not wanting to get shot for doing my job, I found one in the office. The uniforms had changed and there was no longer a place for a badge. I just bought one of the around the neck badge holders, leather with a ball chain, and went about this job for about seven more years and never had another gun pulled on me by Law Enforcement.

A badge has mystical qualities to it, that cannot be denied. It automatically bangs out the idea, "Friendly" and allows them to pause for a second to think.

We're not off-topic, we're still in "Drawing Mindset." I would giggle when Evening Shift guys would come in with the shakes after having guns pulled on them.

"See there, you should have got yourself one of these lucky charms..."

There was an immediate recognition from, "Dickhead who might be a Burglar," to, "friend."

Never, ever had a problem after that. Even walked around the corner in a warehouse where the Burglar(s) had entered one way and exited another, leaving two different ends unsecure and the LEO and I met in the middle, so to speak. Never a problem then.
 
Don and Seth, excellent commentary! Thanks.

I know Ayoob is big on "discoverable evidence," that which you can prove contributed to your actions and/or mindset in an encounter. Training, books, magazine articles, videos, etc. can all be used, but there may be limitations as to what is admitted in court depending on if you can show that you really did take, read, view, etc. such evidence. (Ayoob went so far as to recommend that you initial each article you read and put the date you read it.)

I'm still not clear on Memnoch's "beyond a reasonable doubt" vs. "preponderance of the evidence" usage. I always thought it was straight "criminal law" vs. "civil tort action" respectively. But perhaps there is some use of " preponderance of the evidence" in a criminal trial? This is what bothers me; that I understand this, or am informed of a state that does it differently.

Plus, claiming S-D usually means that the burden of proof shifts to the defendant to prove that S-D was justified (which would make it an "affirmative defense," I believe).

Karl
 
We are talking about an affirmative defense. The defendant never had to prove things beyond a reasonable doubt. When you claim an affirmative defense you must prove it at preponderance of the evidence.

If Don's scenario happens:

If you're coming out of a 7-11 at say, 11:30pm, and you are confronted by three people, and they clearly state what they are going to do, and you see the glint of steel in a hand, even if the closest person is totally unarmed, tactically speaking, you have to hit that unarmed man with what might amount to lethal force, because he is the vehicle that the other guy is using to put steel in you...

You will have to claim self defense, and prove by preponderance of the evidence that you did see something and identified it as a weapon, the people comunicated their intent to you and started to act on that intent, they were able to carry out that threat and you could not retreat with complete safety.

OK, you saw something. Police have shot people for a 3 muskateers bar claiming it was a small calibur handgun. They were acquitted.

They comunicated their intent and started to act on it. If they said something to the effect of "Get Him!" and started toward you I'd say that qualifies as a threat.

Could you retreat with complete safety? Probably not. Are you an olympic class sprinter? do you know if they are armed and will shoot you in the back? Can you out run their car?

Could you get into your car and drive away? If they were 40 feet away and you went to meet them instead of drivign away that would be bad. what happens if you are in a bad neighborhood, and they are blocking your escape to your car?

3 on 1 odds? that sounds like lethal odds to me. 3 guys vs me? Hell no, don't bet on me unarmed. show the viedo of the texas trooper swarmed by the 3 guys and killed. that will show what multiple attackers can to do a COP and COPS can beat ANYONE LIKE ON TV.

Prove that the threat was iminent and you had no way out except through and you should satisfy the requirements of an affirmative defense.

When you claim an affirmative defense like self defense you are admiting what you did but you are saying that it was not your fault and you had no better alternative that to do it.

Guy grabs a lady and tries to force her into a van, so she slices his femoral with a civilan and he dies. OK, people are usualy not allowed to kill other people but she had no better alternative. Most cases are not so cut and dry, but you see the point I am trying to make.
 
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