Man fishing in Springfield assaulted, robbed

[ivanputski]

I wonder: if he was jumped by 3 UNARMED attackers, and getting beat up pretty good (but not near death) and the guy pulls a pistol and injures/kills an attacker, is he off the hook? Is it equal force/ i'm just not so sure these days. Victims rights seem to take a back seat to the criminals rights.

Sure, you might prove in a court of law that you felt your life was in danger, but that will be 2 years and 200,000$ later.

So my question is: if you are carrying a pistol, and you get attacked by fists, do you fight back with fists, or go straight for the pistol?

This is trickier than most of us think.

[Liv2Fish]

Originally Posted by ivanputski

I wonder: if he was jumped by 3 UNARMED attackers, and getting beat up pretty good (but not near death) and the guy pulls a pistol and injures/kills an attacker, is he off the hook? Is it equal force/ i'm just not so sure these days. Victims rights seem to take a back seat to the criminals rights.

Sure, you might prove in a court of law that you felt your life was in danger, but that will be 2 years and 200,000$ later.

So my question is: if you are carrying a pistol, and you get attacked by fists, do you fight back with fists, or go straight for the pistol?

This is trickier than most of us think.

Yes - Be very careful. Even giving advise on this topic is risky so here's my disclaimer - I am not a legal or law enforcement professional and below is only my opinion.

You have to have exhausted every possible way to avoid the use of deadly force AND someone's life must be in immediate danger. Even in your own house, if you were home alone and an un armed attacker entered the front door and you popped him instead of running out the back door, you're going to face legal trouble.

I know someone who narrowly avoided charges for showing a shady character that he was carrying a gun and telling him he would use it if the guy gave him a legal reason to. The guy reported him by name and an officer came to his house the next morning to write a report. The office told him that if the shady character wasn't a career criminal and wanted to press charges, he'd have been in some trouble.

I hold a class A and have only carried live a handful of times. I used to be a diesel mechanic and did a lot of work on fishing boats at the Boston, Gloucester and New Bedford fish piers in the middle of the night. I can't carry in a wetsuit and would never leave a gun in my car over night.

I don't even have hand guns in the house right now because I have young kids and the protection is not worth the risk. Instead, I have a 160lb great dane ( and still growing) that isn't going to let anyone climb through my windows at night.

Also consider this - The attackers actually have a gun but haven't pulled it. You pull yours and now they're defending themselves. You might end up shot and now the story charges from you pulled a gun on them in the dark and they had no choice but to defend themselves. And yes, at that point, their life was in immediate danger and there is no chance to run when someone is in the process of pulling a gun. You could and up shot and facing serious charges, if you survive.

You'd think it would be different but Mass doesn't discriminate. Just like they protect EBT fraud criminals, illegal aliens and crooked positions, thugs have rights too.

Under Mass laws, Zimmerman would have gone to jail for sure.

[FishermanTim]

BUT......if there is no one to press charges (if all three were shot) who could refute your story???? I'm not advocating it, but it could be a possibility if these types of attacks keep happening.

I always loved the wussy legal advice that when attacked, confronted or robbed that the victim needs to give up, give in or run away!

Sorry, but I was born WITH a spine and if I can fight back, I WILL with extreme prejudice and fury!
I'm just sick and tired of hearing and seeing stories of society's waste products doing crap like this and the victims are essentially being told it's their fault it happened!

[Liv2Fish]

Originally Posted by FishermanTim

BUT......if there is no one to press charges (if all three were shot) who could refute your story???? I'm not advocating it, but it could be a possibility if these types of attacks keep happening.

I always loved the wussy legal advice that when attacked, confronted or robbed that the victim needs to give up, give in or run away!

Sorry, but I was born WITH a spine and if I can fight back, I WILL with extreme prejudice and fury!
I'm just sick and tired of hearing and seeing stories of society's waste products doing crap like this and the victims are essentially being told it's their fault it happened!

Agreed. Was only pointing out what I understand the "rules" to be.

[Fly Rod]

Originally Posted by Liv2Fish

Yes - Be very careful. Even giving advise on this topic is risky so here's my disclaimer - I am not a legal or law enforcement professional and below is only my opinion.

You have to have exhausted every possible way to avoid the use of deadly force AND someone's life must be in immediate danger. Even in your own house, if you were home alone and an un armed attacker entered the front door and you popped him instead of running out the back door, you're going to face legal trouble.

I know someone who narrowly avoided charges for showing a shady character that he was carrying a gun and telling him he would use it if the guy gave him a legal reason to. The guy reported him by name and an officer came to his house the next morning to write a report. The office told him that if the shady character wasn't a career criminal and wanted to press charges, he'd have been in some trouble.

I hold a class A and have only carried live a handful of times. I used to be a diesel mechanic and did a lot of work on fishing boats at the Boston, Gloucester and New Bedford fish piers in the middle of the night. I can't carry in a wetsuit and would never leave a gun in my car over night.

I don't even have hand guns in the house right now because I have young kids and the protection is not worth the risk. Instead, I have a 160lb great dane ( and still growing) that isn't going to let anyone climb through my windows at night.

Also consider this - The attackers actually have a gun but haven't pulled it. You pull yours and now they're defending themselves. You might end up shot and now the story charges from you pulled a gun on them in the dark and they had no choice but to defend themselves. And yes, at that point, their life was in immediate danger and there is no chance to run when someone is in the process of pulling a gun. You could and up shot and facing serious charges, if you survive.

You'd think it would be different but Mass doesn't discriminate. Just like they protect EBT fraud criminals, illegal aliens and crooked positions, thugs have rights too.

Under Mass laws, Zimmerman would have gone to jail for sure.

In Mass UUUU have a right to use deadly force in your home....yes U may still may face legal charges even tho UUU R in your right...

Just do not kill a dog that is attached to your leg or Ass that could get U 2 life terms....

[Liv2Fish]

Just saying, Like Ivanputski said. It's just not as simple as some may think.

You have a split second in a stressful situation to make a decision that could very well be life changing for you and your family. Even if you're 100% on the legal side of the law, you could spend your entire life savings defending a frivolous civil suit. Life changing...

Don't get me wrong. I'm a huge fan of guns and the right to carry one. I have several. I have carried concealed and fully loaded several times and I'm sure I will again. It's just something you have to really think through and understand what you're in for if you actually decide to use it.

[piemma]

What! No "stand your ground" law in Mass?

[Liv2Fish]

Originally Posted by piemma

What! No "stand your ground" law in Mass?

I wish! It's actually about as opposite as you can get....There's a mandatory minimum of a year for gun violations. Do you think any of the thugs caught with illegal guns do that? Nope! They give them an EBT card and say "stop robbing people for at least a year or you'll really be in trouble"....It's nuts. Got a buddy in NH where you can carry exposed and actually use it if you needed. Not here with "protect them all Duval! in office.

[piemma]

Originally Posted by Liv2Fish

I wish! It's actually about as opposite as you can get....There's a mandatory minimum of a year for gun violations. Do you think any of the thugs caught with illegal guns do that? Nope! They give them an EBT card and say "stop robbing people for at least a year or you'll really be in trouble"....It's nuts. Got a buddy in NH where you can carry exposed and actually use it if you needed. Not here with "protect them all Duval! in office.

WOW!!! I had no idea.