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-   -   the 1 situation (cont.. from gun thread) (https://www.sportbikeworld.com/forums/31-all-other-topics/7670-1-situation-cont-gun-thread.html)

SpeedPhreak 02-26-2001 11:27 AM

last summer a friend of mine & i were headed to a favorite road. the interstate was unusually busy & we were lane splitting. he wasnt the most curtious or brightest of people & liked to make his bike back fire inbtwn cars (to scare em of course). i would stay a distance behind him because i didnt want to get hit & i deffinatly didnt condone it.

it caught up to him. some guy w/a ratty station wagon swirved to hit him. almost did. & not just once. several times (he said the car did touch him once.. i didnt see it though). when he got out in front the guy tried to smash him from behind.

i dont know if i would have had a legal right to do so.. but if i had had a gun i would have emptied the mag.

Rug Burn 02-26-2001 12:08 PM

Why? In this case you have two darwin contestants battling it out. Whoever wins(station wagon), wins.

748 Abuser 02-26-2001 12:31 PM

Quote:

Originally posted by Rug Burn
...In this case you have two darwin contestants battling it out...
Stop it, Clark...yer killin' me!

This one time, I was lane splittin', and an 82 year old grandmother of 14 accidently swerved into my lane. Even though it was unintentional, it really pissed me off. So, when we got to the next intersection, the light was red, and I pulled-out ma' nine and capped dat bitches ass!

Rogue_Biker 02-26-2001 01:30 PM

Quote:

Originally posted by SpeedPhreak
some guy w/a ratty station wagon swirved to hit him. almost did. & not just once. several times (he said the car did touch him once.. i didnt see it though). when he got out in front the guy tried to smash him from behind.

i dont know if i would have had a legal right to do so.. but if i had had a gun i would have emptied the mag.

I don't know. This sounds like a very questionable use of deadly force. I mean, being in a motorcycle and splitting lanes, your friend was in a great position to run away easily. Only when you're cornered and have no other alternative to save your life should deadly force be used. I know this isn't always clear cut but this is the way courts see it. The law does NOT see in grey. It's either right or wrong, nothing in between. Judging by your account of the story, your friend should have run away and ended the confrontation. If you had a gun at that time(even if you were the one being run down by that station wagon), and emptied the mag as you said, you would have gone to jail because you had a way out and you didn't take it. Instead, you killed the driver(theoretically of course) by emptying the mag. And by emptying the magazine, the law will look at it as a malicious act with intention of killing(not defending your life). Believe it or not, criminal jurors and district attorney's believe that one shot is all you need. Anything beyond is intention to kill not defend. Being an NRA member, I've read many cases of self-defense shootings that have gone to court and turned ugly. The most common tragedy is not the fact that someone died, but the fact that the victim can easily be turned into a "murderer" by district attorney's/prosecutors simply because they shot more than once or the self-defense issue was in doubt. A bit of doubt is all you need to turn jurors against you. Sorry for the lecture.

Kawboy 02-26-2001 02:18 PM

Nah, I'm fairly certain that you could've tore that dude a new one. You need to carry a smokewagon bro! Take care all.

RCjohn 02-26-2001 05:24 PM

I'm no expert here but I believe you would be facing a tough battle in court. I agree with the idea that you must use every means available before using deadly force. The jury is going to think that a motorcycle rider had plenty of ability to get away.

We had a situation here in TN and NC at Deal's Gap last summer that is not much different. The motorcyclists were arrested and the truck driver that swerved at them was not arrested although the police did say there were possible future charges against the truck driver. They haven't finished that up yet. If you are interested a search on this forum will probably pull it up. Some of the members may actually remember where it is.

Kawboy 02-26-2001 05:44 PM

You guys are of course quite right. If he had pulled out a gun and shot the guy in the station wagon, he would have, almost undeniably, been convicted. There was too much opportunity to get out of the situation peacefully, not to mention that he was not even a part of the altercation. Too many variables in that situation. Please don't take my previous post seriously, that is certainly not how really feel about the situation.

FunkeeMunkee 02-26-2001 09:42 PM

Drop a gear and disappear...if people start giving you crap, get the heck out of there. Many people dislike sportbike riders, MANY.

swoop 02-26-2001 10:41 PM

FunkeeMunkee I must say u said it the best .


Short but true and to the point. 250-1300cc's can burn all station wagons and most cars. Havin a gun on a bike should only be used when own life is n danger or when gettin jacked. Not because sombody cut u off or somthin.

machman 02-27-2001 08:11 AM

Quote:

Originally posted by Rogue_Biker

I don't know. This sounds like a very questionable use of deadly force.

Believe it or not, criminal jurors and district attorney's believe that one shot is all you need. Anything beyond is intention to kill not defend.

A bit of doubt is all you need to turn jurors against you. Sorry for the lecture.

I hear ya bro. If you only get one shot make it count. I prefer a short barrelled shot gun for my home security. When on the bike, I prefer to use the ole' knuckles... tends to attract less attention, and generally you won't get shot unless you've got a gun too.


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