What is Tenn. law on this scenario?

[guyandarifle]

A couple things in this hypothetical jump out at me. First is the "significant other" part. Even if you feel, for whatever reason (you're a Jedi or something) you could personally take care of this situation without pulling your firearm (or light sabre) it's a whole other level when you might be the only thing standing between a loved one and harms way. Then there's that part about the proximity of this guy's "buddies". If something starts what's to keep others from joining in against not just you but now you're unprotected wife/girlfriend? Still, the BIG one to me is this:

You can tell he wants to fight, for whatever reason, and you try to retreat, but he follows...

I suppose prosecuters and lawyers can haggle over semantics 'til the apocolyps but I think one could make a pretty good case you aren't just being confronted but being pursued. I can't begin to imagine how someone who has tried to extricate themselves from a situation but been is still being aggressively and actively pursued isn't going to be justified in defending themselves.

Edited May 29, 2009 by guyandarifle

[wjh2657]

If you don't want to get bit by mean dogs, stay out of junkyards! Sorry couldn't help that, avoidance is the best of all defenses! If you can't avoid it because you live there, it is time to move. If you live in a community that has this type of environment to a great degree, realistically

the jury is going to include some of the young guys' friends or kin. You are screwed.

I really feel that a firarm is not a very viable defense against juveniles and young people who are out to just be mean and are unarmed. Jury is most likely going to be swayed to be on their side.

I deliberately avoid crowds of young males. It is not that I am afraid. I am old and I didn't get old by being stupid! BTW being afraid doesn't mean you turned your manhood in. It means the body is signalling to your brain that you are in deep KimChee and need to find a way out. Fear kept me alive in Viet Nam for 6 years and I didn't always flee the scene, but fear is good. People who weren't afraid, died.

[Guest slothful1]

(A)

The person has a reasonable belief that there is an imminent danger of death

or serious bodily injury

;

That's good enough for me.

[Guest tonybon]

carry two. that way you can loan him one once he is down. lol

[krunchnik]

I would think it would be justified if you feared "Serious bodily injury" If he is stronger than you, and you don't know how well he can fight..... now if he is a pencil-necked geek, that may be another story.

You know pencil necked geeks are scrappy,HHHRRRR:)

[Punisher84]

I often carry a small can of pepper spray, I wonder, if you use the spray and still have to draw your handgun, a jury or DA might believe that you tried non-leathal force first and may be more sympathetic towards you.

I think it definitely shows your intentions. You tried to resolve it without deadly force, but you were forced into it as a last resort.

carry two. that way you can loan him one once he is down. lol

Even though you're joking that's not a good thing to be interjecting into a serious legal conversation.

[Fallguy]

39-11-106(a)(34)

“Serious bodily injury†means bodily injury that involves:

(A)

A substantial risk of death;

(

Protracted unconsciousness;

©

Extreme physical pain;

(D)

Protracted or obvious disfigurement; or

(E)

Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty

[Glenn]

I have a problem with the knife thing. If someone is going to kick your ass and you pull a knife, you have escalated the situation. Then he might be justified in shooting you.

I rely on what a friend's dad told me when I was about 14 or 15. He was a drinker, fighter, gambler and all around trouble. I am 6' 8" and about 340 Lbs. He told me if anyone wants to fight someone as big as you they are crazy, and you never want to fight crazy people. I always remembered that. Never been in a real fight in my life.

Glenn

[Guest dizzielizzie]

I think all of us who have jumped through the hoops (the state presented to obtain a HCP) know, if we pull and fire, we're going to end up in a courtroom. I think every situation is going to come down to two things: 1) witnesses and 2) credibility.

I'd like to hear from others (on this website forum) if they actually have pulled & fired, and what their outcome was. I'm assuming the "others" can post because they're not sitting in jail...

And has anyone (with a HCP) gotten pulled over yet? How were you treated?

[Guest tonybon]

Even though you're joking that's not a good thing to be interjecting into a serious legal conversation.

sorry! punisher84.

[Punisher84]

sorry! punisher84.

No need to apologize.

[Guest bkelm18]

No need to apologize.

Why you gotta beat on the newbies?

[strickj]

Why you gotta beat on the newbies?

yeah,really!

poak is like so totally much more fun to beat on!

especially when he wears those chaps that he oh so loves....