Făkünamę wrote:And that's exactly what I'm talking about. The lack of proportional response. What the law boils down to is "fuck, I'm scared, I'm pulling my gun" and "fuck, I'm mad (insulted, embarassed, etc..), the law covers me, I'm pulling my gun". I've seen it evinced over and over in these news articles. Now if you'll kindly define, in detail, what constitutes "reasonable fear of (bad shit)" and give me a definition of (bad shit) that'd be great. Maybe then we can address how 'needful' these Dirty Harry/Citizen cop types really are. In the mean time, I'm going to take a shit and have a coffee - it's a bit early for a gun argument without caffeine and a dump.
Your interpretation of the law and what is justifiable is incorrect.
Reasonable fear means that a person's actions are judged according to the 'Reasonable Man' standard. The situation is judged based upon how this conceptual person who is an amalgamation of the community standards in which the events unfolded would evaluate the situation.
The list of circumstances under which a person is legally able to use deadly force (anything from drawing a firearm to actually killing someone) were defined by me in the previous post, twice.
In Pennsylvania he use of deadly force is considered legally justified when a Reasonable Man, in a place that he or she is legally permitted to be, would have cause to fear:
Serious Bodily Injury of Self or Another Person
Kidnapping of Self or Another Person
Rap of Self or Another Person
Death of Self or Another Person
Being attacked by multiple assailants, an armed assailant, or having a significant disadvantage physically (i.e. a grandmother being attacked by a 20 year old gang member) will have influence on how reasonable the fear is. If you're being yelled at over a parking space, no, it's not justifiable to draw a firearm. Carjacker with a knife trying to force his way into your car? You're probably in the clear legally if you shoot him. Riding your bicycle alone on a park bike path when five teenagers knock you off your bike and start beating you? You're probably also legally in the clear.
This is the general rule for every state that
does not have a duty to retreat written into law. In states where there is a duty to retreat, the added factor is that the person employing the deadly force in self defense did not retreat. Duty to retreat is typically only applicable to encounters outside one's home.
'Religion has actually convinced people that there's an invisible man -- living in the sky -- who watches everything you do, every minute of every day. And the invisible man has a special list of ten things he does not want you to do.. And if you do any of these ten things, he has a special place, full of fire and smoke and burning and torture and anguish, where he will send you to live and suffer and burn and choke and scream and cry forever and ever 'til the end of time! ..But He loves you.' - George Carlin