tag:blogger.com,1999:blog-756507501760454215.post5228136796738125037..comments2024-02-05T19:23:24.438-06:00Comments on Where there's a William ...: The Empire State Bldg Police ShootingWill Brownhttp://www.blogger.com/profile/13454533450309633627noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-756507501760454215.post-5962923596013691742012-08-28T12:47:57.166-05:002012-08-28T12:47:57.166-05:00I have no qualms with somebody shooting someone po...<i>I have no qualms with somebody shooting someone pointing a pistol at them.</i><br /><br />Neither do I, or I wouldn't have chosen to carry a gun myself.<br /><br />The point I hope I made clearly enough is that the actual statutory language governing "self defense" very often requires that there be an actual (as opposed to potential - and the shooter having shot somebody else only proves potential) threat. Pointing his/her gun at you certainly rises to that level in my judgement.<br /><br />From what I have read about this event though, there doesn't appear to have been much opportunity for anyone other than the guy who got killed first (and the two cops) to make that claim. Had any of us been lawfully armed and present in the events shown in the video, I think we would have a hard time proving self defense unless we were one of those three people. <br /><br />I wouldn't want to try to claim in court that I was trying to defend the safety of the dead guy, and until the shooter turned and started waving his gun at the two cops he wasn't threatening anyone else <i>to the standard required by the law</i>. Potential threat isn't enough, and I don't see how you could successfully argue intent without some physical action to support such a belief. <br /><br />IANAL, but that's my understanding of the advice I get from the ones I pay a retainer to.Will Brownhttps://www.blogger.com/profile/13454533450309633627noreply@blogger.comtag:blogger.com,1999:blog-756507501760454215.post-23317040752957340182012-08-28T12:45:48.688-05:002012-08-28T12:45:48.688-05:00Ditto what Tam said. With the possible substitutio...Ditto what Tam said. With the possible substitution of a different cop show that would be more recognizable to the youngsters.Joe Huffmanhttp://blog.joehuffman.org/noreply@blogger.comtag:blogger.com,1999:blog-756507501760454215.post-82170452356299963752012-08-28T07:49:59.578-05:002012-08-28T07:49:59.578-05:00I have no qualms with somebody shooting someone po...I have no qualms with somebody shooting someone pointing a pistol at them.<br /><br />There is no requirement for you, me, or the police to let the bad guy fire first.<br /><br />If someone points a gun at someone with any sort of training, they should expect to get shot. All that "DROP THE GUN, BUDDY!" stuff is for <i>Starsky & Hutch</i> reruns.Tamhttps://www.blogger.com/profile/07285540310465422476noreply@blogger.com