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Newsletter #8 - Deadly Force Warnings

Good evening Folks. This question was asked by Brooks and is a good one for an update. Please advise if any questions. Best wishes to all & congrats to

Brooks--received his CWP this week. Stay Safe!  Norm

Good afternoon Brooks. Please keep in mind that I am an old soldier. Murphy states that "a successful attack is usually an ambush". If you have a legal right and necessity to use deadly force to protect yourself or another from either death or serious bodily injury, use it. I can find nothing in either Jon's book or my experience that requires you to tip your hand in a life and death situation. As a practical matter though, such a warning may prevent having to actually use deadly force because of the attacker's sudden desire not to attack. In addition, remember what I said about juries. Failure to either warn or display could be twisted by the attackers attorney or

prosecutor to weaken your case. Remember the old lawyer's motto "When the facts are with you, argue the facts. When the law is with you, argue the law. When neither the facts nor law are with you, just argue". How you react has to be based on the situation but remember, you will have to be able to articulate why you reacted the way that you did and why you denied your attacker the opportunity to change or modify his or her behavior. I have referred your question to Jon for response.  Sounds like a good question for an update for all!! Stay Safe!  Norm

Sent: Friday, June 16, 2000 7:19 PM

Subject: Re: question from brooks

Still waiting for my CWP but I wanted to thank you for your course and tell you how much Tom S. and I enjoyed it. I look forward to taking the all day course. My question is if you should be carrying your weapon in the pocket of your windbreaker and the situation arose where you had to use it in self defense with no other alternative are you obligated to take the weapon out of your pocket or could you shoot through the jacket? are you obligated to make the bad guy aware that you have a weapon?

Thank you

 Brooks

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