Trucker killed in road rage incident

Discussion in 'Trucking Accidents' started by Trucking in Tennessee, Dec 1, 2018.

  1. BrandonCDLdriver

    BrandonCDLdriver Road Train Member

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    Yes, if you have a gun you have to retreat or avoid confrontation if you can depending on where you are. So no, it's not BAD INFORMATION. It's very accurate, depending on location.

    Duty to retreat - Wikipedia

    [​IMG]

    In all the red states, you have a duty to retreat as they do NOT have SYG or Castle laws. Which would mean that even though they recognize your right to carry a concealed weapon, if it shows that you clearly could have retreated from the situation and you shot someone, you will be tried for murder, or manslaughter at the least.

    If you have no right to be there or be doing what you're doing at the time, then your gun better stay hidden. Once you draw a weapon you've escalated the situation. You BETTER have clean hands.
     
    Last edited: Dec 17, 2018
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  3. line

    line Medium Load Member

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    Not much of a debate . Driver went for a gun that was on the ground . He just lost
     
  4. BrandonCDLdriver

    BrandonCDLdriver Road Train Member

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    No, there is very much debate.

    The driver with the gun got angry and pulled over on the side of the road for a confrontation. That is NOT legal behavior thus drawing a weapon in that situation is not legal for self defense. Even BRINGING one into that situation isn't legal.
     
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  5. line

    line Medium Load Member

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    He didn’t draw the weapon . It fell out of his waistband. Conceal Carry is legal in many states . The driver went for a weapon on the ground . I would’ve shot him too . Better to be judged by 12 than carried by six . You’re welcome .
     
  6. Trucking in Tennessee

    Trucking in Tennessee Road Train Member

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    If you don't bring a gun into the scenario one is still alive and the other is not in deep trouble. Gun hits the ground. Now you have three choices. Attempt to grab the gun so you don't get shot. Attempt to grab the gun to use it on your attacker. (He doesn't know which one is in your mind). Run.

    He has the same choices.

    Anger fueling adrenalin, blocking logic, rage taking over, fear escalating. A very bad situation for both people, and odds are someone is going to lose, and did.
     
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  7. Bud A.

    Bud A. Road Train Member

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    This Wikipedia article doesn't really give the whole picture -- as usual for Wikipedia. For example, in Colorado (the state I'm most familiar with), they still have the so-called Make My Day law which basically states that you can shoot an intruder in your home if you fear life or property is at risk. There's no duty to retreat in that situation. It has been tested many times in the courts. So the red "neither" above is too simple. It's similar to the Castle Doctrine and the Stand Your Ground doctrine, but only in your home.

    So, if you shoot the guy who's breaking down your door, make sure you drag his dead body into your foyer before you call the cops. At least, that's what everyone in Colorado knows.

    Also, Iowa definitely has a stand your ground law, as do most states.

    Here's another article that gives background on "stand your ground."

    Here's a guide to gun laws in all 50 states that's way better than Wikipedia. May Wikipedia go broke (but they're actually swimming in money even though they're constantly begging for more).
     
    Last edited: Dec 17, 2018
  8. mjd4277

    mjd4277 Road Train Member

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  9. 06driver

    06driver Road Train Member

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    Well since we ar talking about a confrontation in the Great State of Tennessee I apply the laws of this state to the discussion.

    Once again there is no duty to retreat. It does not matter what the sissies in Washington want to do, those limp wriste in Virginia feel is right, or the vegan crowd in Cali and Nuevo York. In regards to this case, in this state, under our laws there is no duty to retreat.

    So yes you info is bad, your argument is invalid, and your premise is voided.
     
  10. marylegal2001

    marylegal2001 Bobtail Member

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