Found in 1 comment on Hacker News
hga · 2014-04-13 · Original thread
"I think if i saw anyone wearing glass around my children i would detain them with extreme force until the police can arrive."

If that "extreme force" met the threshold of lethal force, I'd very possibly put N .45 ACP bullets into you until you were stopped, and yes, there's an all too high probability that this would result in my killing you right in front of your kids (only the courts are allowed to kill per se, but using a gun to stop an assailant obviously often results in their death).

While in this incident the victim would not have been justified in using lethal force, I'm sure it's no accident he living in a county (which in this case equals the city) where only a handful of concealed carry permits have been issued (there might be as few as 2 outstanding at this time).

It is likely that Peruta v. San Diego https://en.wikipedia.org/wiki/Peruta_v._San_Diego will be upheld (it follows Heller's reasoning very closely (https://en.wikipedia.org/wiki/District_of_Columbia_v._Heller )) and San Francisco will be forced to freely issue concealed carry permits in due course to citizens with clean records and all that, like Illinois right now. If so, it'll be interesting to see how that effects the slow motion pogrom that includes this incident....

Ignoring all that, if you were successful, you'd be in for quite a surprise when the police arrested you instead of the innocent you assaulted, and it sure sounds like "extreme force" would result in your being convicted of felony battery or whatever that crime is named in your jurisdiction. Hmmm, after such a display, once you got out of prison, you might find yourself barred from any contact from your kids; you would certainly not be setting a good example for them.

Side note: California case law (!!!) has the strongest "Stand Your Ground" provision I've ever heard of, extending to allowing you to, "if reasonably necessary, to pursue an assailant until the danger of bodily injure has passed. This is so even if safety could have been achieve by retreating." (!!!) That's per the 2nd edition of Self Defense Laws of All 50 States (http://www.amazon.com/Self-Defense-Laws-States-Edition/dp/09... ), and the current, very well maintained state jury instructions.

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