kingnereli
Master
Sure it was.
So the victim believed the attacker was going to us unlawful force. Ok. How are you going to prove that fear was reasonable in court? What you keep dodging is that that the "victim" wasn't reasonably afraid that the attacker was going to use unlawful force. A person could shoot their mail man and "say" he was afraid he was planting a bomb or some other ridicules claim. Because he was afraid doesn't justify the actions because it wasn't a reasonable fear. In the current scenario no reasonable person would have this fear of an unarmed man who has done no more then yell at you given there isn't a disparity of force. I understand the suspicion and remaining alert, but neither of those things are fear. If you pull the trigger you are committing a murder.
You are correct. There is no duty to flee but sometimes it is the best thing. If the whole point is to stay alive then running away is always a viable option. You also get the added benefit of staying out of prison. Fleeing can get you killed in certain circumstances, but when your "attacker" is unarmed and hasn't presented a threat running is better then shooting. You would quickly get tires of shooting everybody who didn't threaten you and didn't attack you. Less lethal alternatives include pepper spray, some blunt weapon or another, stun/taser gun not yelling a command while pointing a gun.
Richard said:It wasn't ignored it, it is just not very plausable to think anyone in their right mind would continue to advance on an armed person pointing a firearm at them for any other reason than they intended to make a play for that weapon.
alright, so you think the victim would make a play for the attackers weapon. That may be true if there were no alternatives. If someone pulled a gun on me just for yelling at them my reasonable fear for my life would cause me to try to defend myself in one way or another. The role reversal shows why the guy might be advancing. If you pull a gun on someone for yelling you become the attacker and him the victim. He would have reasonable fear for his life and would be justified in using deadly force on you. If the victim doesn't feel he has a way of escape from a pointed gun and has no other means to protect himself he my see no other option then making a play for your gun. I'll ask again. Why would you do if you lost your temper and yelled at another person only to have a gun pulled on you. Regardless of what particular actions you chose you would feel like the victim.