Further Clarification Please...

[Guest jps37033]

I read most of the laws on self defense and CC. I know you can use deadly force if your OWN life is threatned. What is the law if it is... say your Wife? What if you see a Perp mounted on a Cop (seen this actually happen)? What if it is just another citizen getting bashed and beaten by a drunk? Do these situations fall under a moral situation or are they covered by the Law on Deadly Force?

Thanks

[Guest canynracer]

yes, If you are in imenant (sp?) fear that life is in danger...go for it...but be VERY careful....

husband could be beating the everloving crap outta his wife, you get involved, and now they are BOTH against YOU...

but yes.

39-17-1322. Defenses. —

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

[Acts 1994, ch. 943, § 1.]

Edited March 16, 2009 by canynracer

[Guest Revelator]

yes, If you are in imenant (sp?) fear that life is in danger...go for it...but be VERY careful....

husband could be beating the everloving crap outta his wife, you get involved, and now they are BOTH against YOU...

but yes.

39-17-1322. Defenses. —

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

[Acts 1994, ch. 943, § 1.]

While that law pretty much gets to the gist of the issue, it isn't the most accurate law to cite regarding defense of others (or self). Notice, first, that that law applies only to use of handguns. This is the controversial, oft-debated law that says you won't be charged for any violations of Part 13 of Section 17--basically the entire Weapons part of the Tennessee Code.

The better law to use is this:

39-11-612. Defense of third person. —

A person is justified in threatening or using force against another to protect a third person, if:

(1) Under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and

(2) The person reasonably believes that the intervention is immediately necessary to protect the third person.

When you read 39-11-611, you see that you need essentially a reasonable belief of an imminent danger of death or serious bodily injury to use deadly force. So this is your standard for using deadly force to defend either yourself or other people.

[Fallguy]

Mr Stegall, esq. has it 100% correct....39-11-612 says you can use the same force to defend a third person as you can yourself in 39-11-611.

Now, you have no legal duty to act to defend a third person, if that is what you mean by a "moral situation".

Also a closer look at TN law will show you do not have to conceal.

[Guest jps37033]

Thanks! I have thought about contacting an attorney as a good backup when deciding to get my CCP.

Better to already know a good lawyer just in case!

P. Stegall - Read a lot of your stuff on here. Great help. Thanks

[Guest canynracer]

Oh well, I tried!! LOL...

Thanks Patrick and Fallguy!

[Guest m&pc9]

What if it is just another citizen getting bashed and beaten by a drunk?

Thanks

What if the drunk is a under cover police officer trying to make an arrest where things went wrong.

My HCP instructor said to make sure you know what is really going on before you try to help.

[Fallguy]

What if the drunk is a under cover police officer trying to make an arrest where things went wrong.

My HCP instructor said to make sure you know what is really going on before you try to help.

Very good point!!

[Guest jps37033]

Very good point!!

I have to agree. But, what the hell is an undercover doing out drunk trying to arrest a perp

Just kidding! Seriously, I see that in that situation, you help everybody. You have the upperhand, make them all get the "F" down, and let the po po's sort them out. Yeah, they may look down on you for holding a hot barrell to their cop buddy, but if they are worth a crap, they see you saved his life and controlled the whole shA"BANG!

By the way - I am following that guys suit from a post the other day. Please excuse any mispells. Johnny Rum is taking over.