GUN Help me interprit this law. v.Indiana

Discussion in 'On Topic' started by Maliboost, Sep 12, 2005.

  1. Maliboost

    Maliboost New Member

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    [font=TimesNewRoman,Bold]
    IC 35-41-3-2​








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    Use of force to protect person or property​








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    Sec. 2. (a) A person is justified in using reasonable force against​





    another person to protect the person or a third person from what the​

    person reasonably believes to be the imminent use of unlawful force.​

    However, a person is justified in using deadly force only if the​

    person reasonably believes that that force is necessary to prevent​

    serious bodily injury to the person or a third person or the​

    commission of a forcible felony.​



    now when it comes to the deadly force, say somebody is going to assult you and you have no way to get away, even if they don't have a weapon you can still recieve serious bodily injury- does this give you the right to use deadly force?​

    and by forcible felony ​

    this is what the law says​

    Forcible felony" means a felony that involves the use or threat of force against a human being, or in which there is imminent danger of bodily injury to a human being.​


    and this is what i've read on a police training school's site as it being​

    For purposes of deadly force, "forcible felony" means first degree murder, second degree murder, aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement, and any other felony, which involves the use of threat of physical force or violence against any individual (heinous battery, home invasion, aggravated discharge of a firearm).

    Living in a semi high crime area I'd like to know these things for sure so if i'm ever in a situation I don't have to hesitate​
     
  2. Maliboost

    Maliboost New Member

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    don't worry I'm not going to take your responses as the absolute end all truth, so there will be no liabilty issues, I just want to see if you see this the same as me, I really need to go talk to an officer but then again who knows if they even know the exact laws
     
  3. Y2kAccord

    Y2kAccord Everything happens for reasons I just dont know

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    Translation they must kill 3 members of your family and rape your dog because you can use lethal force.
     
  4. Vermincelli

    Vermincelli Banned

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    GET OFF MY LAWN!
    It means if you fear that you or someone with you is going to suffer serious injury or death (whether the assailant is armed or not) you have the right to defend yourself or another with lethal force. This includes during the acts listed as a forcible felony.

    first degree murder, second degree murder, aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement, and any other felony, which involves the use of threat of physical force or violence against any individual (heinous battery, home invasion, aggravated discharge of a firearm).

    Example: you come upon someone raping someone else. You are justified to use lethal force to protect the victim since rape is a forcible felony and you would, of course, fear that the victim's life was in danger. (criminal sexual assault).
     
    Last edited: Sep 12, 2005
  5. Maliboost

    Maliboost New Member

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    ok, thanks, that's what I thought, hopefully I'll never have the chance
     
  6. kellyclan

    kellyclan She only loves you when she's drunk.

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    The absolute best thing you could do is pick out an attorney who knows your states lethal force laws and ask him to clarify his understanding of anything you are vague about. Wouldn't hurt to know ahead of time who a good guy to call is anyway, in the event of the unfortunate happening.

    +1 on Verm, my belief is usually that you have to articulate why you felt they were a serious threat if they were unarmed. (Twice your size, telling you they have a weapon, multiple attackers, etc)
     
  7. Maliboost

    Maliboost New Member

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    somebody I know said the most important thing to say to 911/police is " I was in fear for my life so I had no choice but to defend myself"

    My thing is I live in an area that is getting worse, kids are carrying guns, one shot a carnie over him refusing to give him a free ride, I would normally just run the hell away from a bad situation but I was in an car accident and my leg is gimp now so no running for me, plus i don't think I could even get in a fist fight without somebody running circles around me
     
  8. ShackleMeNot

    ShackleMeNot MINDSET

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    Where in Indiana do you live?
     
  9. Maliboost

    Maliboost New Member

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    NW corner
     
  10. Alphaeus

    Alphaeus New Member

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    I saw home invasion on that list :dunno: So does that mean that its ok if someone breaks into your house?
     
  11. Maliboost

    Maliboost New Member

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    and any other felony, which involves the use of threat of physical force or violence against any individual (heinous battery, home invasion, aggravated discharge of a firearm).
     

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