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Old 08-15-19, 09:22 AM
  #16  
Paul Barnard
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Location: Louisissippi Coast
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Bikes: Lynskey GR300, Lynskey Backroad, Litespeed T6, Lynskey MT29, Burley Duet

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I suspect this thread will be shut down. I'll take a moment to try to shine a little light on the topic of self-defense for cyclists just in case the mods decide to let it stand.

THROW AWAY the "fear for your life" language that is so often used when it comes to self defense. Few states use the word fear. When they do, it is generally qualified with the word "reasonable." In most of the self-defense laws I have read and in the use of force polices I operated under, the operative language is typically "reasonably believes."

It sounds like we may be parsing language, but in the legal world words matter, a lot. We have some attorneys among us who can probably do a better job that I of explaining this, but I'll give it a whirl. Fear has a different meaning than belief. A person may be afraid of heights for example and may be reluctant to approach the edge of an overlook for fear of falling. I think most people understand that. But would we understand it if a person "believed" they were going to fall if they approached the edge. I don't think most of us would. With that I hope most of you get why there could be an important difference between fear and belief.

Then we have the "reasonable" qualifier. Following the application of lethal force, someone other than the person who applied the lethal force will make the "reasonable" determination. It may end up being a jury.

Here's FLs "Stand Your Ground" law.

"A person who is not engaged in an unlawful activity, and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

When I examine the story as relayed in the OP against the wording of the law, I don't see how the shooter can invoke "stand your ground" as a legitimate defense.

It is evident from reading on this forum that some of our members do carry lethal weapons with them when they ride. I'd implore them to read and come to an understanding of the self-defense laws of the states they ride in. And remember "reasonable belief" not "fear."
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