If in Kansas Shoot, Don't Warn Your Attacker

[SL4Drew]

Here is basic rule announced: "The issue presented is whether a defendant must use actual force to justify a jury instruction on self-defense. We answer this question 'yes.'"

And here is what the dissent said: "Consider the following example. One evening, a large man approaches a woman in a menacing manner and threatens, "I'm going to hurt you!" Worried for her life, the woman takes a gun from her purse, points it at her assailant, and says, "Stay where you are!" The assailant turns and runs."

"Assume for the sake of the example that the woman is subsequently charged with aggravated assault. While she successfully repelled her attacker with constructive force, she is not entitled to a self-defense instruction according to the majority opinion. Had she actually shot her assailant, she may very well have been entitled to that instruction under that same rationale."

So, in Kansas if you merely warn someone, rather than shoot them in self defense, then you have become the criminal....go figure.

http://www.kscourts.org/Cases-and Opinions/opinions/SupCt/2009/20091023/97323.pdf

 

[searcher]

That is why we are directed during CCH classes that "if" you feel it is a matter fo eminent death or permanent bodily harm, then you draw and shoot. Threatening to shoot is brandishing and is illegal.

You have to be 100% sure of your reason for drawing and be ready for the concequences if you do.

 

[grydth]

As a general rule, drawing without the intention of shooting is stupid.

This situation is dangerous ground, for if the assailant turns and begins to run away as you are drawing, proceeding to shoot him in the back may, in some states, subject you to a murder charge.

Can't see the case cited, so not sure what this case was all about.

 

[Archangel M]

In that example though.

The male is close enough to be a threat. Made a threat..and has the physical capacity to carry out the threat. The display of a weapon is a use of force in itself and if properly articulated would be a justified use of force in that situation IMO. So would shooting.

Any attorney worth his BAR would be able to make that argument.

"I was in fear for my life so I drew my weapon. The offender then turn and fled before I could fire."

of course I do agree with the sentiment of not even drawing your weapon unless the situation required it.

 

[Archangel M]

Ahh. I just read the decision. Kansas has a ****ed up self defense statute.