I didn't post an answer to the query initially because I feared this was going to happen. It is sort of a pattern where you see somebody posting a query they learned in class and their roll is to be the instructor in the thread and to enlighten members by first having them answer the query and then correcting them based on what was learned from the instructor in class.
KS.45, your CC instructor loaded you up with a bunch of garbage.
The instructor's answer is to get 911 called, loudly ask a witness to do it if there are any. Verbally warn the aggressor, LOUDLY. End your statement to him with "Don't make me shoot you!"
Part of your instructor's solution is threatening lethal force? Given all the crap about liability, don't you think that might have been a bit extreme?
If B dies with you doing nothing but getting 911 called and it becomes known that you were carrying, you might be subject to civil action by B's family. If you shoot the agressor, the same thing may also happen, he will have a family too.
The instructor remarked that this is one of the things that that people don't often think about when they decide to CC. It's more than just you and your family that can be involved.
Always know that you can and will be sued in a deadly force situation.
Please share with us the law or laws that say you must intervene and that if you have a gun that you must intervene with lethal force or threat of lethal force. As noted, Kansas must be on another planet because nobody else has heard of such nonsense, but feel free to prove me wrong and cite the specific laws to prove your point. Otherwise, it is garbage.
And no, you won't necessarily be sued in a lethal force situation where you were not a participant. More garbage.
If you allow B to kill A then you are technically accessory to murder. The law may not charge you as such, but your lack of prevention in a killing makes you guilty just the same.
First of all, if you would technically be an accessory to murder, this would be a criminal legal action and not civil to worry about. Your CC instructor apparently doesn't know the difference between being a witness and being a participant. You are not guilty just the same. I suggest you not take advice from your CC instructor and if he is a state certified instructor, you might want to notify the state that he has some serious issues with his understanding of the law.
FYI, if it is a beating, the presense of a gun on you would have no bearing if you have the ability to intervene.
Just curious, did you think about why the CC instructor suggested you do all sorts of other things before actually taking action? If you feel the victim's life is in danger, why the hel would you be calling 911 first, asking for witnesses, and then playing super hero? Would your CC instructor say you are liable and an accessory to murder if the victim died while you were dialing 911 and asking for witnesses and not actually intervening?
Police Departments are sued all the time. Winning or losing the lawsuit is not the issue to discuss here. It's being aware that the law can be accessed by anyone with any grievance and an attorney willing to roll the dice. It's part of the weight of that firearm you carry.
Cite specific law to prove this point. If you can't cite the law, then give it up.
Even in your own home, defending yourself from an intruder has and will continue to result in the filing of lawsuits against the gun owner. The opportunity is always there for the injured/dead person, and/or his family. Doesn't happen every time, but often enough to make it a consideration worthy of thought.
Apparently, you and your CC instructor are not aware of Castle Doctrine laws
