What is Tenn. law on this scenario?

[andersmg]

I read this on another site and just copied and pasted it here to see what TN laws are on this subject...

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I was throwing around some ideas in my head, ones that would be highly probable in my situation....

Picture this... You are walking down the street with your significant other. Some gangbanger fool or just any tough guy walks is sitting on a stoop with his buddies and plays tough guy with the whole "Who you lookin at... yadda yadda" and decides he wants to fight you... You keep walking but he persists...

You can tell he wants to fight, for whatever reason, and you try to retreat, but he follows... You are carrying...

If you get in to a scuffle, there is a chance you could drop your weapon or he could grab it, resulting in life threatening danger to yourself and your loved one... What do you do?

My first reaction, if there was NO WAY to get him to stop and he definately is ready for a fight, is to draw your weapon, simply because he has access to it if he gets close enough... It seems a bit drastic at first if you think about some punk who wants to fight to show off, but the idea that he or one of his buddies could get a hold of your gun, is one that I think warrants drawing, keeping him at bay, and calling the police... What do you think?

Edited May 16, 2009 by andersmg

[Garufa]

If you feel that your life is threatened then you may be considered justified in whatever action you take. However, the law will have the final determination of whether or not you made the correct decision.

That doesn't really help, just my .

[Fallguy]

Iffy situation.

You can't legally use deadly force to protect against an a$$ whippin.

Course if that happens and it starts turning into a threat to life or limb you would probably be justified in using it...the question would be if you were able to at that point.

But the law basically says you can only threaten to use deadly force in the same situations that you would be able to use it in.

39-11-611(a)(2) Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if:

(A)

The person has a reasonable belief that there is an imminent danger of death or serious bodily injury;

(

The danger creating the belief of imminent death or serious bodily injury is real, or honestly believed to be real at the time; and

©

The belief of danger is founded upon reasonable grounds.

But would he report you for that if he is the one pursuing you?

But...if you draw first and then he draws and fires.....a judge/jury could see you as the first one to raise it to the level of deadly force and consider the thug to be drawing in self-defense.

[Oh Shoot]

...What do you think?

Easier for me than some...

Though a pretty big guy, I'm 60 and while far from being in the worst physical shape for my age group, I'm not in the best percentile either, documented bad back and left arm, etc.

If I'd known I'd live this long, I would've taken better care of myself !

Point is, I'll not take a physical beating from a superior opponent of any age.

I'm afraid it would kill me.

- OS

[Raoul]

Easier for me than some...

Though a pretty big guy, I'm 60 and while far from being in the worst physical shape for my age group, I'm not in the best percentile either, documented bad back and left arm, etc.

If I'd known I'd live this long, I would've taken better care of myself !

Point is, I'll not take a physical beating from a superior opponent of any age.

I'm afraid it would kill me.

- OS

+1. I'm there too.

You should always fear a greybeard. We're too old to run and too ornery to put up with too much crap.

[Guest tnmale46]

+1. I'm there too.

You should always fear a greybeard. We're too old to run and too ornery to put up with too much crap.

amen

[NuTcAsE]

"Old age & treachery always wins over youth & skill..." Dad had to practice that on me a lot when I was a kid, as I have a difficult time learning.

[Fadex]

Don't poke the Bear with a short stick.

[Mike.357]

You should always fear a greybeard. We're too old to run and too ornery to put up with too much crap.

true dat, in the scenario described I would truly be in fear for my life and would pull it out.

[Guest archerdr1]

I would think it would be justified if you feared "Serious bodily injury" If he is stronger than you, and you don't know how well he can fight..... now if he is a pencil-necked geek, that may be another story.

[Guest gunslinger707]

"Old age & treachery always wins over youth & skill..." Dad had to practice that on me a lot when I was a kid, as I have a difficult time learning.

yup,but you turned out pretty good in spite of yourself :D

[titan14]

yup,but you turned out pretty good in spite of yourself

+1...he drives a TITAN!!!!!:up:

[Punisher84]

I'm gonna punch him square in the throat and run like hell. Honestly this is why, as many instructors and such here have said, you need to be prepared to handle some situations without a gun.

Know how to defend yourself and get away, carry pepper spray, etc.

OhShoot and others may have an easier time relaying threat. I'm 6'4 180 pounds athletic and 24. If it's one on one I guess me and ole boy are tusslin' for a bit.

[Garufa]

I'm gonna punch him square in the throat and run like hell. Honestly this is why, as many instructors and such here have said, you need to be prepared to handle some situations without a gun.

I'm gonna kick him square in the nuts if he's that close. There's no block for that. End of threat.

Edited May 16, 2009 by Garufa

[Oh Shoot]

...

OhShoot and others may have an easier time relaying threat. I'm 6'4 180 pounds athletic and 24. If it's one on one I guess me and ole boy are tusslin' for a bit.

Well, depending of situation, I might try slicing and dicing a bit first.

It's still "deadly force", but I've always thought you'd have a better chance of leniency with a blade, if that suffices.

"After all, I could have shot him, you know."

- OS

[strickj]

count me into that easier group.

although young,strong,and extremely good looking im still gimped up which gives my a disadvantage,and I can tell ya im not about to take an ass whoopin.

allot of folks have ben killed by bare hands alone (or is that bear hands?) and im definitely going to be screaming bloody murder.

I don't care if he's got a gun,a knife or a feather.

[323ssplt]

The answer is...Has your level of fear risen to the point that deadly force is justified.........me, if I can't get away, and a couple of well placed kicks don't work, I'd drop him like a bad habit.

[Guest Alpha Dog]

Nobody has mentioned disparity of force. In the scenario, the BG was on the stoop with his buddies...multiple people. Factor in that I have a disability and am 54 yoa (I'm guessing the BG is in his teens or 20s) and you have a good bit of disparity of force...if I feel my life is in danger, the BG just made a big mistake.

[Guest Old goat]

I'm just gonna let my wife draw on him.

[Punisher84]

I'm gonna kick him square in the nuts if he's that close. There's no block for that. End of threat.

There actually are quite a few blocks for that, but if you don't block it it's quite effective lol

Well, depending of situation, I might try slicing and dicing a bit first.

It's still "deadly force", but I've always thought you'd have a better chance of leniency with a blade, if that suffices.

"After all, I could have shot him, you know."

- OS

I like the way you think buddy!

Nobody has mentioned disparity of force. In the scenario, the BG was on the stoop with his buddies...multiple people. Factor in that I have a disability and am 54 yoa (I'm guessing the BG is in his teens or 20s) and you have a good bit of disparity of force...if I feel my life is in danger, the BG just made a big mistake.

Several people mentioned it, just didn't use the term. That's what I meant when I said OS and others might have an easier time relaying threat than I would.

[Fallguy]

Since we are using terms...remeber it's not just if you think you are in fear of death or serious bodily harm. It is a reasonable belief of the fear of death or serious bodily injury.

Resaonable being possiably determined by 12 people sitting in a quite, controlled courtoom and not in the heat of the moment like you. So just because you felt fear doesn't mean all is ok.

As has been said....there are many variables including your abilities, the number of attackers etc.... that can be factored in to what is reasonable.

[GLOCKMEISTER]

this should have been covered by your Instructor when you took your class.

Edited May 16, 2009 by GLOCKMEISTER

[Fallguy]

this should have been covered by your Instructor when you took your class.

How much about carry and self-defense laws does the DOS require be in the safety class?

Now I got mine just shortly after the law went into effect so I know some things may have changed, but I don't really remember us covering anything about the laws. I mean they call is a "safety class" So I thought the whole purpose of it was to learn how to safely handle a handgun. The state figuring that some wanting/getting their HCP may have never touched a handgun before.

Now I know there are many good instructors that cover some of the legal aspects and the law (although some incorrectly ) but is it part of the curriculum the state sends/requires?

[Punisher84]

How much about carry and self-defense laws does the DOS require be in the safety class?

Now I got mine just shortly after the law went into effect so I know some things may have changed, but I don't really remember us covering anything about the laws. I mean they call is a "safety class" So I thought the whole purpose of it was to learn how to safely handle a handgun. The state figuring that some wanting/getting their HCP may have never touched a handgun before.

Now I know there are many good instructors that cover some of the legal aspects and the law (although some incorrectly ) but is it part of the curriculum the state sends/requires?

It's really more of the opposite. The main purpose of the carry class is the laws. Hence the video and all. Most classes have to cram in anything besides basic safety and shooting skills.

[GLOCKMEISTER]

we cover a great deal on the laws and scenarios just like this one. We also take time for all our students to ask about specific situations that might arise they may need advice about.

This should have been covered in his class, and reputable instructor should have covered it.