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The Law demands you be a Gentleman.

Discussion in 'Carry Issues' started by MeanAction, Mar 21, 2012.

  1. MeanAction

    MeanAction MeanAction

    Feb 27, 2012
    Murfreesboro, TN
    You can't prevoke someone into attempting to cause you bodily harm then shoot them dead. That's murder. Bottom Line: Be a Gentleman.
  2. Misty02


    Aug 25, 2008
    It is society that demands men be gentlemen and women be ladies. We can’t coexist peacefully otherwise.


  3. Unfortunately in our society the people who are going to act decent and be gentlemen and ladies do not really need to be told and have laws that dictate this behavior.
    And equally unfortunate is that the people who do need to be told this do not listen and act as they see fit.
  4. Hmm, I seem to remember our founding fathers saying exactly that in their support of the 2nd amendment:cool:
  5. Sam Spade

    Sam Spade Staff Member Lifetime Member

    May 4, 2003
    No provocation gives you the right to attempt great bodily harm against another; if you do and get shot dead, you had it coming.

    AKA: "It takes two to tango."
  6. It's entirely likely that the definition of "lady" and "gentleman" from my grandparents' generation is different from my parents' generation is different from my generation is different from my children's generation, etc...

    So a person leading a life today using the "gentleman" standard of his grandfather's or father's era may lead a chivalrious life, but is otherwise totally outplayed by today's rules.
    Last edited: Mar 21, 2012
  7. LApm9

    LApm9 Silver Member

    Apr 3, 2006
    South Louisiana
    I find being a cheerful gentleman smooths out a lot of potential rough spots in life.

    Not that should be helpless however!
  8. cowboywannabe

    cowboywannabe you savvy?

    Jan 26, 2001
    bull own knee.

    i can call your mother anything i want to. and if you try to physically attack me i can shoot you legally in the free parts of this once great country.

    words are just words, they only hurt those with weak egos. dont let your ego get you shot. the shooting being ruled as "provoking you" wont mean squat to your widow whos spending the life insurance now with the milkman anyway.
    Last edited: Mar 21, 2012
  9. Bruce M

    Bruce M

    Jan 3, 2010
    S FL
    I am reminded of the saying "speak softly and carry a big stick."
  10. Last time I checked, no jury ever heard a dead person...
  11. Go read Texas law. You cannot use force or deadly force in the face of verbal assault. They can tell you your mother wears combat boots but that don't give you the right to slug them.

    That being said, you can still be sued (on the street of Texas) for wrongful death and if it's proved you provoked the fight then that will play well to the jury.

    Be a gentleman? Most men are, but tell that to the rapist OWS crowd.

  12. samurairabbi

    samurairabbi Dungeon Schmuck

    Dec 31, 1998
    Indianapolis, IN
    "Gentlemanly" lacks precision as a standard of behavior. Here in Indiana, as in many states, you are disallowed using deadly force in a situation in which you "precipitated" the confrontation. Still a tough call, but it guides you away from jumping out of your car if you are angry at being cut off, yelling profanity in public at someone because he angers you, using gestures generally acknowledged as profane ... you get my drift. In public, ALWAYS act as if EVERY word and action you use is being recorded by a method that will be available to those who must decide whether or not to prosecute. The decision on whether to prosecute is a big a turning point in your fate as the actual trial.
    Last edited: Mar 22, 2012
  13. WinterWizard


    Jan 17, 2012
    No offense .... but duh!

    You cannot instigate a confrontation and claim self defense when that person attacks you. You have to be an "unwilling participant."
  14. teleblaster


    Mar 13, 2011
    That is right. Under section 9.31 of the Texas Penal Code:
    (b) The use of force against another is not justified:
    (1) in response to verbal provocation alone;

    But your words may tend to prove that you consented to a fight.

    §22.06. Consent as Defense to Assaultive Conduct
    The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution, under (Assault, Agg. Asslt., Deadly Conduct) if:
    (1) the conduct did not threaten or inflict serious bodily injury; or
    (2) .........

    Additionally, Texas has a doctrine called “provoking the difficulty” where if you goad someone into attacking you so you can harm him, you cannot claim self defense:

    “(1)....defendant did some act or used some words which provoked the attack on him, (2) that such act or words were reasonably calculated to provoke the attack, and (3) that the act was done or the words were used for the purpose and with the intent that the defendant would have a pretext for inflicting harm upon the other .” Smith v State, 965 S.W.2d 509, 513 (Tex.Crim.App. 1998)
  15. cowboywannabe

    cowboywannabe you savvy?

    Jan 26, 2001
    Last edited: Mar 22, 2012
  16. OctoberRust

    OctoberRust Anti-Federalist

    Jun 15, 2011

    Very good post Sam.
  17. teleblaster


    Mar 13, 2011
  18. cowboywannabe

    cowboywannabe you savvy?

    Jan 26, 2001
  19. Tiro Fijo

    Tiro Fijo

    May 31, 2011
  20. teleblaster


    Mar 13, 2011
    Last edited: Mar 24, 2012