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Competition, Tactics & Training
Self Defense & Handgun Carry
what about bringing a gun to a fistfight??
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<blockquote data-quote="gerhard1" data-source="post: 805561" data-attributes="member: 5391"><p>Not necessarily the age difference itself, but if the attacker is very much stronger than the defender, that can be taken into consideration if this was known to the defender at the time. </p><p>The concept is called disparity of force. What this does, is to allow for great differences between physical conditions or ability. For example, if an average person were to be attacked by a marital artist or a professional boxer, that could be life threatening, even though no deadly weapon such as a gun, knife or bludgeon is used by the attacker. Deadly force might be permitted in this case. If an average person were to go after someone with a significant disability, the disabled person's life could be put in danger, justifying the use of deadly force in response, even though no outside weapon is used.</p><p>The doctrine of disparity of force, even though it has been around for a while is still kind of a murky concept, and is best used only by those that have a significant disability or where other great physical disparity between you and your foe exists. I have a mild case of cerebral palsy, but I would still hesitate to use this as a defense, unless my foe was known to me at the time of the ocurrance to be a martial artist, weight-lifter, boxer or something similar. </p><p>IANAL, but my understanding is that the circumstances that lead you to think that disparity exists must be known to you at the time that you employ deadly force, because you can't use it if you find out later.</p></blockquote><p></p>
[QUOTE="gerhard1, post: 805561, member: 5391"] Not necessarily the age difference itself, but if the attacker is very much stronger than the defender, that can be taken into consideration if this was known to the defender at the time. The concept is called disparity of force. What this does, is to allow for great differences between physical conditions or ability. For example, if an average person were to be attacked by a marital artist or a professional boxer, that could be life threatening, even though no deadly weapon such as a gun, knife or bludgeon is used by the attacker. Deadly force might be permitted in this case. If an average person were to go after someone with a significant disability, the disabled person's life could be put in danger, justifying the use of deadly force in response, even though no outside weapon is used. The doctrine of disparity of force, even though it has been around for a while is still kind of a murky concept, and is best used only by those that have a significant disability or where other great physical disparity between you and your foe exists. I have a mild case of cerebral palsy, but I would still hesitate to use this as a defense, unless my foe was known to me at the time of the ocurrance to be a martial artist, weight-lifter, boxer or something similar. IANAL, but my understanding is that the circumstances that lead you to think that disparity exists must be known to you at the time that you employ deadly force, because you can't use it if you find out later. [/QUOTE]
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