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Thanks for the link... I'll have to give that a read. I've always wondered if those who carry a pocket folder (like myself) are putting themselves at a disadvantage in court if they ever ended up using their handgun against an attacker who had a knife. If you also are carrying a knife... would it be considered a disparity of force if you ended up using your firearm when you possibly could have used your knife to level the playing field? Just something that has always made me go hmmmm. I've always carried a folder as part of my EDC but have second guessed doing so sometimes with that reason in mind.
 

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Thanks for the link... I'll have to give that a read. I've always wondered if those who carry a pocket folder (like myself) are putting themselves at a disadvantage in court if they ever ended up using their handgun against an attacker who had a knife. If you also are carrying a knife... would it be considered a disparity of force if you ended up using your firearm when you possibly could have used your knife to level the playing field? Just something that has always made me go hmmmm. I've always carried a folder as part of my EDC but have second guessed doing so sometimes with that reason in mind.

What's that saying? Goes something like;

"if you ever find yourself in a fair fight, you've made a serious tactical mistake".
 

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SC recognizes disparity of force. In fact, the law cites this reason specifically for use of deadly force. One of SC's criteria for using "deadly force" of any type is (paraphrasing), "you must be in imminent danger of losing your life or incurring grave bodily injury or FEEL that you are in imminent danger of losing your life or incurring grave bodily injury." SC also recognizes almost anything can be construed as a "deadly weapon", including, nut not limited to, a gun, knife, or bare hands. In SC, the perp must have:
1. Intent - behaving in an obvious threatening manner either in actions or words. "I'm gonna kill you." is a prime example.
2. Opportunity - "I'm gonna shoot you" over the phone doesn't do it. "I'm gonna shoot you" while standing face to face does.
3. Opportunity - Is the attacker physically capable of carrying out the threat. If they say, "I'm gonna shoot you", can you reasonably believe they have a gun in their possession.
 

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What's that saying? Goes something like;

"if you ever find yourself in a fair fight, you've made a serious tactical mistake".

Fair fights are the ones you lose.
 

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Don't bring a knife to a gun fight.....
 

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We all agree that a F/A is a more deadly weapon than a knife. Therefore if you pull a knife on somebody who is attacking you with a knife, what you are saying is that your are so much tougher/badder/meaner than he is you can take him on equal terms.

By pulling a F/A you give him a "so called" graceful out. Knife man can surender to Gun man with no loss of face since the gun is much deadlier than the knife.

By pulling the knife on a knife you are in effect escalating the event while pulling the gun could be explained as a de-escalation.

I got this from a Superior Court judge who is a friend and hs seen this defense, and various similiarities work more than once in court.
 

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We all agree that a F/A is a more deadly weapon than a knife. Therefore if you pull a knife on somebody who is attacking you with a knife, what you are saying is that your are so much tougher/badder/meaner than he is you can take him on equal terms.

By pulling a F/A you give him a "so called" graceful out. Knife man can surender to Gun man with no loss of face since the gun is much deadlier than the knife.

By pulling the knife on a knife you are in effect escalating the event while pulling the gun could be explained as a de-escalation.

I got this from a Superior Court judge who is a friend and hs seen this defense, and various similiarities work more than once in court.
that's a really nice way of putting it. pulling a might tell a judge you wanted to fight, pulling a gun would tell a judge you wanted the threat to go away. my simple way of looking at it
 
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Thanks for the link... I'll have to give that a read. I've always wondered if those who carry a pocket folder (like myself) are putting themselves at a disadvantage in court if they ever ended up using their handgun against an attacker who had a knife. If you also are carrying a knife... would it be considered a disparity of force if you ended up using your firearm when you possibly could have used your knife to level the playing field? Just something that has always made me go hmmmm. I've always carried a folder as part of my EDC but have second guessed doing so sometimes with that reason in mind.
I would hope some stupid DA wouldn't try to make that argument. The police carry knives, tasers, and sometimes even OC on top of that. Yet if you charge them with a knife, you're going to get shot.
 

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Kilvinsky's Law.

You don't stop an attack with equal force. You stop it with superior force.
 

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Don't bring a knife to a gun fight.....
...and try not to bring a knife to a knife fight, unless you have years of training and experience. Why the heck would it be a disparity of force issue? If the guy pulls a knife, he has fulfilled the criteria for your use of lethal force...period (unless you are in a wussy state that says you have a duty to retreat).

I carry a nice Kershaw Tanto Blur. I would consider it a cross between an EDC and a beginning tactical knife. The only time I would consider using it is if someone is very close in and I can not safely deploy my gun. I could hopefully back the BG off far enough, and long enough, for me to go for the knockout punch in my IWB holster. Why would I think of pulling an inferior, for me, form of self-defense when I have a wonderful XDm that I know how to use much better?
 

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We all agree that a F/A is a more deadly weapon than a knife. Therefore if you pull a knife on somebody who is attacking you with a knife, what you are saying is that your are so much tougher/badder/meaner than he is you can take him on equal terms.

By pulling a F/A you give him a "so called" graceful out. Knife man can surender to Gun man with no loss of face since the gun is much deadlier than the knife.

By pulling the knife on a knife you are in effect escalating the event while pulling the gun could be explained as a de-escalation.

I got this from a Superior Court judge who is a friend and hs seen this defense, and various similiarities work more than once in court.
This is absolutely beautiful. I've never seen it said quite so clearly. Thank you.
 

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Thanks for the link... I'll have to give that a read. I've always wondered if those who carry a pocket folder (like myself) are putting themselves at a disadvantage in court if they ever ended up using their handgun against an attacker who had a knife. If you also are carrying a knife... would it be considered a disparity of force if you ended up using your firearm when you possibly could have used your knife to level the playing field? Just something that has always made me go hmmmm. I've always carried a folder as part of my EDC but have second guessed doing so sometimes with that reason in mind.
A knife is lethal force.

If you are being threatend by someone with a knife, you are being threatened with lethal force.

Hence, using lethal force--a handgun--to defend yourself only makes sense. If he pulls a knife, you'd be stupid to pull your knife in return...

It ain't a duel...:rolleyes:
 

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We all agree that a F/A is a more deadly weapon than a knife. Therefore if you pull a knife on somebody who is attacking you with a knife, what you are saying is that your are so much tougher/badder/meaner than he is you can take him on equal terms.

By pulling a F/A you give him a "so called" graceful out. Knife man can surender to Gun man with no loss of face since the gun is much deadlier than the knife.

By pulling the knife on a knife you are in effect escalating the event while pulling the gun could be explained as a de-escalation.

I got this from a Superior Court judge who is a friend and hs seen this defense, and various similiarities work more than once in court.
Your friend is an idiot. A knife is every bit as lethal as a gun.
 

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You can bleed a guy out faster with a knife wound than a gunshot wound. Ever seen actual pictures of someone that was in a knife fight? its absolutely gruesom.
 

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great read, thanks for posting. i'm a new gun owner and going to get my CCW even though i don't NEED it (AZ doesn't require one anymore but there are a lot or restrictions). i also live in tucson so this was a little personal to me.

and as for people who are arguing knive vs gun... i worked in a traume ER for about a year and i saw both GSWs and stab wounds come in on a regular basis. both are lethal and i'd appreciate not being on the receiving end of either.

while knives are lethal i think we'll all agree that guns are more lethal except in maybe a few CQC circumstances.
 

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Thanks for the read, some good info. I agree
You don't stop an attack with equal force. You stop it with superior force.
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dont forget the 21 foot rule with a knife. The average person with a knife @ 21 feet can sprint and deliver a strike within 1.5 seconds. Mind you this is faster than you can react, draw, point and shoot a CCW.

Do not underestimate a knife. IMO its deadlier than a handgun at close range. The wounds are nastier, cut tendons, flesh, zero training required.
 
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