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Use of deadly force to defend property is illegal. They'll teach you that in the course required to obtain a CHL (if you can even get one in your area). If he'd been in the same situation and carrying, he'd have been legally obligated to retreat and not use the weapon unless he felt that his life was in imminent danger, which isn't supported by the facts here.
---Jeff (Long Beach Represent!)
'99 Katana 750 (Metallic Space Blue / Matte Silky Gray Metallic)
Plus some cars.
As far as I'm concerned you decided to not be a victim and no one can fault you for that, you felt comfortable enough to defend yourself and your bike and went ahead and did so, nothing wrong with that.
You came out of the situation safe, the Kat is still yours and you notched one against the losers of the world, all and all, job well done. Be safe and I'm sure the Kat will be back to 100% in no time.
Use of deadly force to defend property is illegal. They'll teach you that in the course required to obtain a CHL (if you can even get one in your area). If he'd been in the same situation and carrying, he'd have been legally obligated to retreat and not use the weapon unless he felt that his life was in imminent danger, which isn't supported by the facts here.
In his description of what happened the assailant threatened to cut him with the knife...That is more than "defending property"...the victim was threatened with bodily injury so in turn he defended himself...now how much damage did he do to the assailant will be argued in court...if it ever turns out to go there...also the history of the theif will be in question...did he have a record of being violent? Is this his first offense?..Who knows what will happen if it ever goes to court...but I still feel that it is finally 1 good thing for the bike owners...I hope this scared the idiot so much that he craps his pants every time he sees a motorcycle...just my $.02...
The good thing about good martial arts training is that the training will take over and you will usually do the least amount of damage necessary. Wild dogs kill people- trained dogs do what they're trained to do. Untrained guy will either freeze or go insane and curbstomp said shitrat.
I've been in similar situations and the training does indeed take over.
If this POS tries to sue, get a good mouthpiece and screw this guy into the ground for the rest of his life. Or curbstomp him! I wouldn't be too concerned. At least you're not in Canada.
Erik
"Live your own life, for you will die your own death" Roman proverb
Curbstomp...there's a mental pictue i like. And yes, i have a concealed handgun permit, but I leave the Beretta mini-couger in my breif case. That was the first thing one of my co-workers said, that it was a good thing i didn't have my pistol. Honestly, I don't think I would have pulled it. It all happened so fast, and instinct took over so quickly i had no concept of any thing besides getting him down and neutralized. And Erik Y you are absolutely right in everything you said.
Use of deadly force to defend property is illegal. They'll teach you that in the course required to obtain a CHL (if you can even get one in your area). If he'd been in the same situation and carrying, he'd have been legally obligated to retreat and not use the weapon unless he felt that his life was in imminent danger, which isn't supported by the facts here.
In his description of what happened the assailant threatened to cut him with the knife...That is more than "defending property"...the victim was threatened with bodily injury so in turn he defended himself...now how much damage did he do to the assailant will be argued in court...if it ever turns out to go there...also the history of the theif will be in question...did he have a record of being violent? Is this his first offense?..Who knows what will happen if it ever goes to court...but I still feel that it is finally 1 good thing for the bike owners...I hope this scared the idiot so much that he craps his pants every time he sees a motorcycle...just my $.02...
Every state has different laws about the use of deadly force. I believe here in Texas because of the knife he would have had enough cause to, at the very least, use the Threat of Deadly force. As for the protection of property, in certain circumstances, dependent upon the uniqueness of the item and/or the like hood it will be returned (the more unique and less likely the return or recovery of the item) One can use force up to and including deadly force. The use of deadly force also changes with the time of day. for example, if it's three in the afternoon and you see someone trying to steal your bike from the driveway (or where ever) there really is not much you can do except hold them there at gun point (use of deadly force is not authorized)...However, if you have the same situation at 3 in the morning then use of deadly force would be authorized.
For me personally, property is not worth all the trouble. I would not use deadly force or the treat of deadly force unless I was absolutely positive that my family's or my life of in imminent danger.
You did the right thing, that is the bottom line! I wish I would have been there to have your back!
"I have told you all this so that you may have peace in me. Here on earth you will have many trials and sorrows. But take heart, because I have overcome the world." JOHN 16:33
Don't get the wrong idea man, I think it's awesome what you did. Thieves suck. All I'm saying is that it sort of blows that our system coddles people like this and even give them the opportunity to play the victim card and sue because of the consequences of their own stupid actions. Sheesh. And we wonder why nobody in society has any concept of "personal responsibility" anymore - look at the mesage that sends. . .
Anyway I did do a concealed carry course years ago (this was in FL and the rules may have changed since then). We were very specifically told that even if the other party was armed and dangerous, you were not allowed to pull the trigger unless you had IMMINENT fear of your life. The guy simply brandishing a knife and saying "I'm gonna' kill you" wasn't enough. He had to essentially back you into a corner from which you had no reasonable retreat and lunge towards you. Only then could you drop him.
These kinds of situations seem to always draw out a mob mentality of sorts in people that come out of the woodwork and say "hell yea man! Way to go! I'd have shot the f*cker in the face with my .357 then ripped his head off and kicked his dog and banged his sister before his blood coagulated! Hell yea!!!" All I'm saying is we all need to keep things in perspective - it's great that jmilloway was able to (1) diffuse the situation, (2) get his property back and get the outcome that he SHOULD get and (3) get a little "somethin' extra" on top of it in the form of a free ass-whoopin on a scumbag. All I'm saying is use your heads out there if you're ever so unfortunate to have something like this happen to you. . . There are sometimes unfair and unpleasant reprussions to getting some "street justice", even if you think it's deserved. Point is, the law might not agree - especially when it comes to truly deadly force like handguns.
And I studied martial arts for several years too so I know exactly what he's talking about. Way to go in any event. If I was ever on your jury or whatever I'd not only acquit you for any wrongdoing, I'd recommend you get a medal.
---Jeff (Long Beach Represent!)
'99 Katana 750 (Metallic Space Blue / Matte Silky Gray Metallic)
Plus some cars.
impressive fighting skills. I wish i had your adrenaline during a knife fight. When we do combat battles in the army or (judo) they teach us this stuff but i really didn't think it would actually work.
06 KAT 600
Stupidly Quick, Underdressed, Ignorant and Dangerous
impressive fighting skills. I wish i had your adrenaline during a knife fight. When we do combat battles in the army or (judo) they teach us this stuff but i really didn't think it would actually work.
Once you get to permanent party, seek out the real judo class on base. Given time and repetition, you'll learn the moves by muscle memory and they may some day save your butt (they saved my father's in Nam several times, and although I didn't need them in the military, the ability to fall did save me in a collosal highside on a motorcycle).
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