The book of Indiana's firearms laws is a scholarly work that is very handy. It doesn't matter what the author's opinion of OC is. He's never said it was illegal. The fact that he isn't a big proponent of it doesn't mean his work is flawed or that he wouldn't be an excellent asset if you ever needed him. Peace, my monkey lovin' sister.
If a dude breaks in my house and runs at me swinging a baseball bat, I won't retreat. It's a threat to my life that I will shoot to stop. How can I trust the representation of legal council who has already stated the belief that my actions would be unreasonable??
In the context of Jet Girl's comments, I'd have to agree with her. If you're an avid OC'er and find yourself in need of legal representation, why would you choose to use an attorney who's published thoughts on OC could be used against you at trial?
Congrats, I just hired you as my new legal counsel.
I don't know what Cayou has said about the duty to retreat in your own home. I thought we were talking about Open Carry.If a dude breaks in my house and runs at me swinging a baseball bat, I won't retreat. It's a threat to my life that I will shoot to stop. How can I trust the representation of legal council who has already stated the belief that my actions would be unreasonable??
I don't know what Cayou has said about the duty to retreat in your own home. I thought we were talking about Open Carry.
Congrats, I just hired you as my new legal counsel.
I don't know what Cayou has said about the duty to retreat in your own home. I thought we were talking about Open Carry.
It's not just open carry - I refused to buy the third edition of his book after I read in the second edition (the red one) that if a person breaks into your home and is swinging a baseball bat at you, you should flee your home instead of defending yourself. (Page 115.)
His point is that there is a "reasonableness" component to the Castle Doctrine statute (just like every other provision of Indiana's self-defense statute), but that comment is fundamentally inconsistent with the meaning of the Castle Doctrine, including the express statement in the statute that there is no duty to retreat.
That was her reason for not wanting him as a potential attorney. Please try and keep up.
"Try and keep up!?!" Isn't Ford still president?That was her reason for not wanting him as a potential attorney. Please try and keep up.
I understand but he's still not technically wrong. He might flee but I wouldn't necessarily. My thinking would be that even with the Castle Doctrine shooting someone is a serious matter. I doubt if a jury would convict someone for shooting rather than retreating. But if a retreat (reasonable, like just stepping out if you know there isn't another perp standing outside and you are not leaving an unprotected family member or friend inside) would somehow defuse the situation until the cops got there and you didn't have to take a life I believe you would be better served.
I understand but he's still not technically wrong. He might flee but I wouldn't necessarily. My thinking would be that even with the Castle Doctrine shooting someone is a serious matter. I doubt if a jury would convict someone for shooting rather than retreating. But if a retreat (reasonable, like just stepping out if you know there isn't another perp standing outside and you are not leaving an unprotected family member or friend inside) would somehow defuse the situation until the cops got there and you didn't have to take a life I believe you would be better served.
I feel compelled to go watch "Legally Blonde" again...
"Try and keep up!?!" Isn't Ford still president?
Nope. Not gonna happen. Too many variables NOT in my favor;
- How many are there?
- Where are they?
- What other weapons are involved?
- I know my house layout and where I can safely defend from
Hey, you guys are siding with JetGirl 'cause she's hot. I used to be good lookin'.
I've (hopefully) worked it out in my mind that if anyone is in my house at night they are going to be shot without hesitation and no questions asked. The reasoning is because I won't know how many more there are and where they might be. Any "target" is going to get a few 77gr 5.56mm hollowpoints coming their way. If it's the middle of the day and I can just step outside safely I'll do that.
...I used to be good lookin'.
Hey, you guys are siding with JetGirl 'cause she's hot..