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Duty To Retreat


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A friend of mine just went throught a HCP class and the instructor told everyone that they had to retreat to the rear of the dwelling if an intruder forced their way in, I tried telling him he was wrong but it turned into a polite argument. I will be printing the law and showing it to him, he took his class in Clinton.

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Guest Wilson1

Umm. I don't believe I'm retreating to anywhere in my dwelling. Now for the intruder, he's gonna find out very suddenly that retreating is good advice for HIM.

Mike

"I tried telling him he was wrong". There is a phrase that goes something llike this -'ya can't fix stupid'

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You have no duty to retreat ANYWHERE you have a legal right to be, whether that is your house or even in public.

In some states what the instructor said is actually correct. I wonder if he is from one of those states and not familiar with TN law?

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You have no duty to retreat ANYWHERE you have a legal right to be, whether that is your house or even in public.

In some states what the instructor said is actually correct. I wonder if he is from one of those states and not familiar with TN law?

Can you elborate? Because I didn't know "even in public", I thought I had to retreat everywhere but my home and car.

Thanks,

**If this was covered in another thread, I am sorry**

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Can you elborate? Because I didn't know "even in public", I thought I had to retreat everywhere but my home and car.

Thanks,

**If this was covered in another thread, I am sorry**

Without posting the entire code...look at T.C.A. 39-11-611 Self Defense.

What you are thinking of is that if you are in a residence, business, dwelling or vehicle, not only do you not have a duty to retreat, but if someone unlawfully and forcibly enters any of those places it is presumed you were in imminent fear of death or serious bodily injury 39-11-611©

The part about not having a duty to retreat anywhere is 39-11-611(:tough:(1) for the use of force in general and 39-11-611(B)(2) for deadly force.

The not withstanding 39-17-1322 has been covered in this and other threads. Just do a search for the others.

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I believe that in you need to establish Intent, Ability, and Jeopardy to use deadly force. That being said, I also believe that in your home of dwelling the state gives you the first two. So basically you need to be in fear for your life. Well if you break into my home I fear for my life and you will be shot.

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Guest Wilson1

'In some states what the instructor said is actually correct. I wonder if he is from one of those states and not familiar with TN law? '

Maybe he is in that state referred to as a "state of confusion":rolleyes:

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Guest bkelm18
You did not state if your friend was in TN ot not. If he took the HCP class in TN, then the instructor should know TN law, or should not be teaching in TN.

He said his friend took the class in Clinton, which is a bit north of Knoxville.

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A friend of mine just went throught a HCP class and the instructor told everyone that they had to retreat to the rear of the dwelling if an intruder forced their way in, I tried telling him he was wrong but it turned into a polite argument. I will be printing the law and showing it to him, he took his class in Clinton.

I don't believe any current HCP instructor told everyone that. Your friend was asleep. Tell him to take it again.

"I was going to shoot the intruder with my handgun, Sheriff, when he forced his way into my house with a knife, threatened my wife and kids, but they were in the front of the house and I retreate to the rear. I couldn't do anything, I have a HCP."

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Guest bkelm18
I don't believe any current HCP instructor told everyone that. Your friend was asleep. Tell him to take it again.

"I was going to shoot the intruder with my handgun, Sheriff, when he forced his way into my house with a knife, threatened my wife and kids, but they were in the front of the house and I retreate to the rear. I couldn't do anything, I have a HCP."

Are you mentally deficient in some manner or do you just love playing the douche troll? :drool: Its hard to tell really. But either way, HCP instructors often get things wrong due to outdated info or misinformation from when they were taught.

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Are you mentally deficient in some manner or do you just love playing the douche troll? :drool: Its hard to tell really. But either way, HCP instructors often get things wrong due to outdated info or misinformation from when they were taught.

I bet all the HCP instructors really appreciate somebody who thinks they OFTEN get things wrong.

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I bet all the HCP instructors really appreciate somebody who thinks they OFTEN get things wrong.

While I think most instructors are probably good and the ones I see on here even go above and beyond to make sure they have the correct information, there have been several post about instructors giving wrong information in class.

Does that mean it happens often? Probably not.....we just hear about it here more than normal. Not too many people post when the instructor does everythign right....lol

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