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"To sum up, itís one thing if someone brings a fight to you. Itís another if you go looking for it." -- Well, yeah, but 'looking for it' can be an ambitious prosecutor's opportunistic mischaracterization.
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Posted by: TEEBONE ģ

09/01/2020, 00:15:22

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Hoober: The Perfect Claim Of Self-Defense

4-5 minutes

By Sam Hoober,†Alien Gear Holsters

If youíre going to keep a gun for self-protection, it is incumbent on you to know what the law is regarding self-defense. You should know what your local/state laws are, and also be aware of some of the technical details involved.

Bear in mind that this isnít legal advice and I am not a lawyer. This is a discussion of publicly available information and of ideas pertaining thereto.

For a more in-depth and comprehensive overview of self-defense laws, you should check out the works of Massad Ayoob on the topic Ė in particular his work ďIn The Gravest ExtremeĒ Ė as well as those of Andrew Branca, who is an actual attorney, and his book ďThe Law Of Self Defense.Ē

An idea you should be aware of is whatís called a ďperfect claimĒ of self-defense.

What it means is that there is no possible way that the events that transpired were anything but clear-cut self-defense.

For a person to have a perfect claim of self-defense, the person claiming it has to be beyond reproach. They didnít contribute to the situation, and had literally no choice but to shoot and/or kill their attacker.

Hereís a hypothetical perfect claim of self-defense:

A hypothetical person is at home, doing the dishes or what have you. A home invader kicks the door in, and storms inside the home brandishing a machete. The hypothetical homeowner/resident runs to the bedroom, retrieves a gun and shoots the intruder in the face.

In this hypothetical situation, and situations like this do occur, the shooter didnít contribute to the situation; they were in their home, where they had every right to be. The intruder wasnít trying to sell them a set of encyclopedias; said hypothetical bad guy had a machete.

The choice was shoot or die or be maimed so badly that you either die or wish you had.

Hereís a great example: