[DGU] The 'Defensive Gun Use' Thread

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  • Alamo

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    I thought Indian had immunity protection from civil suits if it was ruled a self defense shooting. I guess not.


    End this insanity with a loser pays law.

    I am curious about that. I believe civil immunity clauses in general do not prevent a suit from being initiated, as that would trample the rights of each citizen's access to the courts, but if self-defense is shown then there is no civil liability.

    Texas (paging Mr. Freeman) has a civil immunity clause that a defendant who uses force or deadly force that is justified under Chapter 9, Penal Code [self-defense and defense of third party justifications], is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable. This does NOT mean you can't be sued, but a determination by the civil judge that you acted in self-defense stops the lawsuit right there. I don't know of any successful civil lawsuit in Texas against a person who legally defended himself or another. Florida law is even better -- there civil immunity clause provides for getting all reasonable legal fees and even income compensation, paid for by the plaintiff.
     

    GodFearinGunTotin

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    Friend of mine at lunch time today said he heard on the radio that the prosecutor has decided to now file charges against Kystie but also against the conservation officer. I haven't taken time to look for articles confirming it yet...has anybody else heard this?
     

    Mark 1911

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    Friend of mine at lunch time today said he heard on the radio that the prosecutor has decided to now file charges against Kystie but also against the conservation officer. I haven't taken time to look for articles confirming it yet...has anybody else heard this?

    Based on what the officer said who is initiating the gofundme fund, yes, both Kystie and the officer are being sued. However, the officer is covered by his department:

    My name is Sergeant William Halbig with the Aurora Police Department. I am a Firearms and Physical Tactics Instructor as well as the President of Laughery Valley Fraternal Order of Police Lodge 146. I am attempting to raise money for Kystie, a young mother, who is being sued for what I would consider legal actions. The lawsuit involves both Kystie and the Officer involved. However the Officer is covered by his department as well as the FOP Legal Defense Fund. I can not release all the details of the case but as you will read you will find her actions were nothing less than heroic. Kystie is courageous and her actions saved a life and she should be commended but instead she is being sued. Here is a glimpse of what happened that day.
     

    GodFearinGunTotin

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    Based on what the officer said who is initiating the gofundme fund, yes, both Kystie and the officer are being sued. However, the officer is covered by his department:

    No, he made it sound like the local prosecutor is bringing criminal charges against them. But I'm not seeing anything anywhere, so I'm chaulking this one up to a misunderstanding.
     

    Mark 1911

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    No, he made it sound like the local prosecutor is bringing criminal charges against them. But I'm not seeing anything anywhere, so I'm chaulking this one up to a misunderstanding.

    That would be hard to believe, sure hope that is not the case. Even that they can be dragged into court on a civil charge is disgusting to me. Hopefully it gets tossed out. But even so, somebody has to pay for an attorney. In my mind, that should be on the assailant's family. But.....
     

    Alamo

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    This is early days yet, but so far:

    Woman shoots ex-boyfriend who threatened her with knife, say police | KABB

    Investigators said the woman claimed the man was trying to assault her at a Motel 6 off I-35 and O'Connor Road shortly after 4 a.m., when she shot him in the chest.
    He ran from the hotel and witnesses reported hearing him scream, "She shot me!" He then jumped into a car with someone else, who drove him to a nearby convenience store. He was taken to a hospital in critical condition.
    Police said the woman described the man as her ex-boyfriend and that he was threatening her with a knife when she shot him. Investigators said the incident remained under investigation.

    If you go to this link: https://www.mysanantonio.com/news/l...-says-she-shot-knife-wielding-man-1245098.php
    There is video of a woman in handcuffs standing next a patrol car talking to a police officer (although there is no sound she is clearly not of the "Never talk to police" school of thought). The cop then uncuffs her and walks her to an ambulance.
    Then the video switches to a guy being loaded into another ambulance.

    This just happened yesterday morning, so still lots of details to be verified, but at moment winds seem to be blowing in favor of self-defense.


    Also in San Antonio:
     

    Alamo

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    Deputies: 30 rounds fired from AR-15 in deadly Florida home invasion

    GLEN ST. MARY, Fla - Three men say they were asleep inside a mobile home in Glen St. Mary about 4 a.m. Sunday when they heard a voice outside yell “Sheriff’s Office!” before the front door burst open.

    In stormed a masked gunman who fired off a single round before two of the men inside, one armed with an AR-15 rifle and the other with a handgun, emerged from two bedrooms and opened fire. Those details surfaced Tuesday when the Baker County Sheriff’s Office released an arrest report linked to this weekend’s home invasion turned deadly triple shooting.

    The victims told deputies they acted in self-defense when they turned their guns on the intruders, with one of them estimating he fired over 30 rounds from an AR-15 before the threat was over.

    ...
    The Sheriff's Office said the five individuals charged in the case were among a group of seven that went to the mobile home that morning to confront and fight the group staying there.

    So far this one makes me a bit twitchy, but a followup article notes this:
    The Sheriff's Office said the five were among seven masked individuals armed with guns who barged into a mobile home on County Road 125 about 4 a.m. to confront four people staying there over a feud.

    "The feud was fueled by derogatory and threatening rhetoric between the two groups on social media platforms and eventually escalated to this shooting," the Sheriff's Office wrote on Facebook.
    https://www.news4jax.com/news/5-arrested-after-florida-home-invasion-ends-deadly-shootout

    I guess skipping the "Like" button wasn't enough...
     

    actaeon277

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    Isn't claiming to be law enforcement against a law?
    Of course, it's probably chump change compared to Breaking and Entering, and Attempted Murder.
     

    Alamo

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    ‘I Advise You to Back the **** Up’: Armed Woman Scared off Alleged Robber (WATCH)

    Woman sees husband in trouble, pulls out gun on would-be robber

    Memphis police said Sunday afternoon the man in the blue jacket came to the Whitehaven home and asked to use one of the victim’s phones and then asked for a ride.

    The man said his niece and her husband in the video were visiting from Florida.

    While the incident was unfolding outside the house, the man said he and his niece were inside the house.

    Police said after the woman saw her husband in trouble, she came out the front door with a gun.

    The victim told FOX13, “She said she didn’t want to kill him, but when he fired back at us after she fired the warning shot. She said she was trying to hit him then but didn’t.”

    BOLO for robber with stained britches.
     

    Bigtanker

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    There was a home invasion last night in Mishawaka. The home owner fired a warning shot and the perp took off. The home owner is the son of my buddy. I haven't found a link yet.
     
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