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Care to expand on that? Why does statement+gun choice=1st degree murder?
Statement is minimal. As per the D/A, "All single action revolvers require the conscious act of cocking the trigger prior to shooting." thus the premeditation. Premeditation equates to Murder, but the Judge found the circumstances to more accurately reflect my self defense plea.
 

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Perhaps I should mention that even if you use the "shoot to stop" statement, the use of a single action revolver will earn you an automatic Premeditated Murder Hearing irregardless of the circumstances.
Two things....first its regardless.....irregardless isn't a word and actually means it would be regarded...irrespective is....second....I do not buy the automatic premeditated murder charge for a single action revolver...or a double action...or any action revolver...what state has that as an automatic charge? And if it has it...why in the hell hasn't anyone voted out anyone supporting that automatic charge?

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Statement is minimal. As per the D/A, "All single action revolvers require the conscious act of cocking the trigger prior to shooting." thus the premeditation. Premeditation equates to Murder, but the Judge found the circumstances to more accurately reflect my self defense plea.
By that stupid logic....pulling the gun...and pointing the gun...and pulling the trigger all require a conscious act too, so any gun would meet that requirement...as would any weapon... not saying some dumbass DA won't try it...but a simple tactic of using their own logic against them should suffice.

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By that stupid logic....pulling the gun...and pointing the gun...and pulling the trigger all require a conscious act too, so any gun would meet that requirement...as would any weapon... not saying some dumbass DA won't try it...but a simple tactic of using their own logic against them should suffice.

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Yeah, that dog won't hunt. Some stupid people fool enough other stupid people to become DA's and make stupid decisions.
This is NOT a common thing. The very act of CARRYING A DEADLY WEAPON would suffice to claim premeditation. Clearly, this logic is... illogical.
 

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Ok, in 1972 I was jumped in my yard by two thugs trying to steal the Thunderbird I have mentioned in another thread.

It was 2 AM, and I was coming home from a date, I did not see them hiding behind the car as I pulled up along side of it..

When I got out of mine I was attacked from the front and rear, this is our private parking lot in our own yard.

The guy in front had a jack handle and had it raised above his head as to strike me coming forward.

There was about five feet between us at first, I instinctively backed up going for my Smith mod 39 in the process.

As the pistol came out I was grabbed from behind in a bear hug by a real big guy around my arms.

I brought the pistol up from the elbow and at around two feet distance fired at the guy with the handle just as he just started the downward swing.

The round caught him in the left eye socket and blew out the sinus structure along side the eye socket.

He went right down, like dropping a rock from your hand.

The guy behind shifted quickly to a choke hold, I put the 39 beside me and swung around best I could, twisting my neck in the move,

as the pistol came to bear I fired two rounds midsection, he let go and went down.

When I went in to call the police, my mother came down from her bedroom which was on the side of the parking lot, the gunfire woke her up.

The windows were open, being summertime.

She almost had a heart attack when she saw me, I was covered in blood, It was all over my suite, white shirt and tie, plus my face was covered with it.

No, I was not drinking, I do not, I probably would be dead or a vegetable today had I been slowed down by booze.

Yes I did and do have a CCW.

I was charged, court case was hell.

Finding, Justified, self defense.

There was another time eight years prior, five PR's against me alone on a country road, three ran away.

Since then, I NEVER leave my home unarmed.
 

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Ok, in 1972 I was jumped in my yard by two thugs trying to steal the Thunderbird I have mentioned in another thread.

It was 2 AM, and I was coming home from a date, I did not see them hiding behind the car as I pulled up along side of it..

When I got out of mine I was attacked from the front and rear, this is our private parking lot in our own yard.

The guy in front had a jack handle and had it raised above his head as to strike me coming forward.

There was about five feet between us at first, I instinctively backed up going for my Smith mod 39 in the process.

As the pistol came out I was grabbed from behind in a bear hug by a real big guy around my arms.

I brought the pistol up from the elbow and at around two feet distance fired at the guy with the handle just as he just started the downward swing.

The round caught him in the left eye socket and blew out the sinus structure along side the eye socket.

He went right down, like dropping a rock from your hand.

The guy behind shifted quickly to a choke hold, I put the 39 beside me and swung around best I could, twisting my neck in the move,

as the pistol came to bear I fired two rounds midsection, he let go and went down.

When I went in to call the police, my mother came down from her bedroom which was on the side of the parking lot, the gunfire woke her up.

The windows were open, being summertime.

She almost had a heart attack when she saw me, I was covered in blood, It was all over my suite, white shirt and tie, plus my face was covered with it.

No, I was not drinking, I do not, I probably would be dead or a vegetable today had I been slowed down by booze.

Yes I did and do have a CCW.

I was charged, court case was hell.

Finding, Justified, self defense.

There was another time eight years prior, five PR's against me alone on a country road, three ran away.

Since then, I NEVER leave my home unarmed.
And your here to tell the tale....sounds like you know a thing or two.

Shoot to kill...shoot to stop...shoot to eliminate the threat....just words...but words mean things...I think the better way to discuss would be...do you think you will have the time in a crisis to intentionally aim for the smallest, and most likely moving, part of an attacker? Or will you aim center mass? One would be an obvious attempt to wound...the other is simply aiming to hit your target with the least chance of missing and potentially hitting something or someone beyond your target.

One is an irresponsible use of a firearm (during a threat) and one is simply responsible gun use.

The rest...just words to be used in court...after you survive. So pick the action that best ensures you make it to a hearing...and use the words that help make it through the hearing.

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After the parking lot incident, I realized the guy behind me could have grabbed the 39 had he saw it, the whole thing was over I think in 10 seconds.
After giving it much thought, I decided to carry a model 36 as a backup then a model 60 when I could get one, carried the 36/60 inside the waistband holster cross draw.
After the court case, I started wearing a vest, level 2, I thought their friends or family might try something, wore it until I moved out here.
Not long after I moved here, joined the PD and then started wearing an issue vest.
I have been taught, triple tap, first round center mass, if question of them possibly wearing armor,
it will slow them enough while recovering from impact for you to get in two more rounds throat and head.
Bore size and shot placement are critical factors in quickly bringing down someone who wants to kill you.
Most effective IMHO, a 44 mag with JHP with a head or heart shot, ends the fight instantly.
 

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My incident occurred in Hawaii, at that time state policies reflected the Federal Standards. I awoke from a deep sleep in the second floor bedroom, at the foot of the bed was a intruder armed with the Chef Knife from my kitchen block. .44 Mag round blinded me upon discharge and when I was able to refocus the intruder was still coming toward me. Second round spun him to the floor, telephoned and requested medical aid & LEO. Both rounds completely penetrated the intruder and exited the building via jealousy windows. LEO's on site deemed it open and shut self defense. Three days later DA has me taken in and charged. Criminal Legal costs where not Tax deductible at that time. Judge dismissed the case during pretrial hearing. The experience is a bit more dramatic when you are the one sitting in cell awaiting a hearing. JMHO New guy 101.
 

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Gentlemen, thank you for sharing your stories.

Good to know the good guys can win a few.

All the best,

Grim

While I have twice been held at gunpoint I have never been shot or shot at...Thank God! Wait, there was
some stuff that happened in Vietnam...but let's forget about THAT!
 

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Gentlemen, thank you for sharing your stories.

Good to know the good guys can win a few.

All the best,

Grim

While I have twice been held at gunpoint I have never been shot or shot at...Thank God! Wait, there was
some stuff that happened in Vietnam...but let's forget about THAT!
Damn Good thing them little critters weren't good shots. Glad You made it "Home" Grim. I recommend Louisiana rice (Mahatma but Riceland still works.) when cooking Cajun. JMHO.
 

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My incident occurred in Hawaii, at that time state policies reflected the Federal Standards. I awoke from a deep sleep in the second floor bedroom, at the foot of the bed was a intruder armed with the Chef Knife from my kitchen block. .44 Mag round blinded me upon discharge and when I was able to refocus the intruder was still coming toward me. Second round spun him to the floor, telephoned and requested medical aid & LEO. Both rounds completely penetrated the intruder and exited the building via jealousy windows. LEO's on site deemed it open and shut self defense. Three days later DA has me taken in and charged. Criminal Legal costs where not Tax deductible at that time. Judge dismissed the case during pretrial hearing. The experience is a bit more dramatic when you are the one sitting in cell awaiting a hearing. JMHO New guy 101.
Sounds to me you did what I proposed for others to do. Take action to ensure you live and worry about the hearing when you get there. And use the best words to ensure you go home. Thank God you made it out of that situation OK.

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Forget all the hyperbole in the video. What should be taken away from it is....shoot CENTER MASS to stop an attack. Attempting to wound by shooting at legs, or otherwise just wounding, is not only stupid, but in my state it is also illegal, even in a self defense situation.

As for "weapons classes"...I can assure you I am wayyyy ahead of that game.....'nuff said.
If you had any kind of formal training beyond chest thumping and posturing you never would have posted that link in the first place. I couldn't get past the woman shooting with her eyes closed.

Sorry, I am with Kauboy & Ralph,, and the guy with the Lee Marvin avatar. That was a dangerous video to post. I could easily understand the mods deleting it.
 

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If you had any kind of formal training beyond chest thumping and posturing you never would have posted that link in the first place. I couldn't get past the woman shooting with her eyes closed.

I could easily understand the mods deleting it.
Sitting Elf is a combat veteran, Probably with a hell of a lot more training than you.

I did not observe any chest thumping, so what are you talking about?

I think an apology is in order to him.

Just what is so dangerous about the vid?

Do you think that we are so low on the IQ scale that we need herding?
 

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Sitting Elf is a combat veteran, Probably with a hell of a lot more training than you.

I did not observe any chest thumping, so what are you talking about?

I think an apology is in order to him.

Just what is so dangerous about the vid?

Do you think that we are so low on the IQ scale that we need herding?
Aaaawwww SNAP!....what's gonna happen next???

I wouldn't take that shit if I were you Daddio.... tell him who you are and what you know......

LOL

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Why is it that the words of the untried all have the same hollow ring? It isn't about what you think you would do, it is about what you have done in order to survive that matters. JMHO. Like an after action debrief, what would you do different the next time???????????
 
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