Sticky said:That doesn't change the objective: remain un-injured and prevent further lethal action by a criminal offender(s).
That’s OUR sole objective. That is why we are limited in when & how we can respond in self-defense.
That’s not necessarily the cops’ sole objective. They have other objectives, too. And different limitations.
That’s why their rules of engagement are different than ours.
Sticky said:What case law are you referring to?
http://www.in.gov/judiciary/opinions/previous/archive/01110103.par.html
"‘Deadly force’ means force that creates a substantial risk of serious bodily injury.” Ind. Code § 35-41-1-7. …
…Thus, within the context of a charge of criminal recklessness, pointing a loaded firearm is considered an action that creates a substantial risk of bodily injury to another person….
…Our supreme court has also held that brandishing an unloaded firearm can create a substantial risk of bodily injury. …
…We find that these concerns equally apply to the case before the court. By pointing a loaded gun at Petro’s head, Nantz created a variety of risks that could have lead to serious bodily injury…
… We concluded that even assuming that Upp was not attempting to shoot the trespasser, his behavior still created a substantial risk of bodily injury because Upp could have missed his aim or a bullet could have struck a stone, ricocheted and injured the trespasser…
…Although Nantz did not fire his handgun as the defendant did in Upp, by pointing the gun at Petro’s head, the gun could have accidentally discharged or Petro could have grabbed the gun causing serious injury or death to one or both of these men…
The court equated pointing a firearm to the use of deadly force (not the “threat of deadly force” as you suggested it was).
Since the USE OF deadly force was not justified in that case then pointing a firearm at them was UNREASONABLE.
He didn’t pull the trigger. He was convicted. He went to prison. He is now a felon.
Sticky said:I never said to point when deadly force wasn't justified. I said you can point when shooting wasn't quite justified; yet.
No. No, No, No.
If you can’t actually shoot because it’s not justified then you can’t point the gun at them either since, according to the appeals court decision above, POINTING A FIREARM = DEADLY FORCE.
Are you trying to say that there is somehow some kind of difference between the definition of “deadly force” & the act of shooting someone?
I hate to break it to you but shooting at someone IS deadly force. If you can’t shoot them then that means you can’t use “deadly force” then that means you can’t point your gun at them.
I don’t get what you don’t get about that.
Sticky said:Once again, full particulars are in Farnam's writings. IIRC, Ayoob also covered the same exact subject several times.
I don’t care who says it.
It’s not (from the sound of it) in line with the state of the law in IN so it’s not valid.
Sticky said:I will state again that there are times when pointing is justified, but shooting is not quite justified; yet. Just as there are instances when police do it, there are instances when non-LEOs' can, and should, and have.
& I will state again that you 100% completely wrong.
There is NEVER a time when you can legally point your gun at someone without ALSO being legally justified in pulling the trigger.
Just because LEO’s can do it doesn’t mean we can.
Just because someone got away with it doesn’t mean it’s legal. There are people who get away with murder but it doesn’t make it legal.
The “should” part is at least debatable. I agree that it “should” be the law & at one time without knowing about the above court case I argued for the other side. The letter of the law says that pointing a firearm can be considered reasonable (not deadly) force. That court case changed everything.