Gun Safety

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Weapon Safety**
Four Basic Safety Rules

  • Guns are always loaded
  • Never allow muzzle to cover anything you are not willing to destroy
  • Keep your finger off the trigger until ready to shoot
  • Be sure of your target and background

Protection of Home**
California Penal Code 198.5PC

  • Presumption of reasonable fear of imminent peril of Death or Great Bodily Injury
  • Against another person not a member of the household
  • Unlawfully and forcefully enters
  • Reasonably believed unlawful and forceful entry occurred

Reasonable Force**
Graham v. Conner

  • All determinations of unreasonable force must embody allowance for the fact that police officers often forced to make split-second judgements
  • In circumstances that are tense, uncertain, and rapidly evolving
  • About the amount of force that is necessary in a particular situation

Justifiable Homicide, Any Person**
California Penal Code 197PC

  • When resisting any attempt to murder any person, or to commit a felony, or to do Great Bodily Injury to any person
  • When committed in defense of habitation, property or person, against on who intends to enter for the purpose of offering violence to anyone therein
  • When committed in defense of a person against one who is about to commit a felony or Great Bodily Injury and the person is in imminent danger
  • When attempting to apprehend any person for a felony committed, suppressing a riot, or keeping the peace

Justifiable Homicide, Sufficiency of Fear**
California Penal Code 197PC

  • Bare fear not sufficient to justify
  • Must be sufficient to excite the fears of a reasonable person
  • Party killing must have acted under the influence of such fears alone.

**All information for this article came from the Alameda County Sheriff’s Office handout

 

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