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Handicap

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I am semi-crippled from a 2008 bicycle accident, and I carry a G17 for CCW. I cannot run from a mugger, but I can walk short distances. If I shoot a mugger who is six feet away, would I be OK in court?
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· KoolAidAntidote
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6,113 Posts
SC, when the physically handicapped are attacked by the able-bodied, "disparity of force" kicks in, creating the Ability factor, the power to kill or cripple on the part of the opponent.

At the six foot distance you hypothesize, the opponent is close enough to exercise his power to kill or cripple immediately, creating the Opportunity factor.

Deadly force is justified in a situation of immediate danger of death or great bodily harm (crippling injury), which in turn requires the simultaneous presence of three elements: the above-cited Ability and Opportunity, but also a third element of Jeopardy.

The latter means that the opponent is manifesting, by words and or actions, an intent to cripple, which would be construed as such by a reasonable person. Because this third element can branch into a series of almost infinite possibilities, it makes a quick and easy answer impossible.

GATE is geared for questions that can be answered with short responses, and because this latter element is fungible, your best bet is to re-post your question in Concealed Carry here at GT, where you and many others can discuss those branching possibilities at length.

Best,
Mas
 
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