You can't brandish a weapon to intimidate. You can only
Posted on: May 4, 2018 at 17:44:07 CT
TigerMatt STL
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pull it out to use it fire and stop an attacker.
That the gun was unloaded, the other woman took a picture of her brandishing and that Ra was unharmed indicates no real threat to Ra's life or anyone elses.
From a real news article.
"Steven Dulan is with the Michigan Coalition of Responsible Gun Owners, and an adjunct professor at Cooley Law School.
Dulan says pulling a gun is always considered deadly force. The person using deadly force has no duty to retreat from a threatening situation.
But, “Deadly force is appropriate self-defense only when preventing death, great bodily harm, or rape,” Dulan says. “Imminent death, bodily harm or rape.”
It’s a two-pronged legal test: There must be an actual, imminent threat to yourself or others, and your use of deadly force must be reasonable.
“So you have to actually believe it, and basically the jury has to agree that your fear was reasonable under the circumstances,” says Dulan.
Ra didn’t have to take her case to a jury. Her first lawyer encouraged her to take a plea deal."