The Four Elements for Using Deadly Force

The following four elements must exist before you may use deadly force. Before we look at the four elements, let me stress that if it is at all possible, it is best for you to remove yourself from harm's way and avoid the confrontation all together if it is safe to do so.

If you must defend yourself, your adversary must have, or appear to have the following four elements in order for you to claim that you were in fear of losing your life or experiencing grave bodily injury.

1. Your adversary must possess the ABILITY to inflict bodily injury or death. Several examples are: 1. Your adversary is armed with a deadly weapon, or appears to be so armed. 2. There is a disparity of force, such as a male v. a female, a difference in the size of the opponents, or if your opponent is a martial arts expert, or there are multiple assailants.

2. Your adversary must have the OPPORTUNITY to cause bodily injury or death, employing the above ability. The danger must be imminent.

3. JEOPARDY: Your adversary must acting in such a manner that you conclude that you are in immediate jeopardy under the existing circumstances, and you must be immediately in fear of your life or serious bodily injury. If the person's behavior as noted above puts you in fear (in your heart of hearts) of death or serious bodily injury, this constitutes jeopardy.

4. Preclusion: You are to use deadly force only as a last resort when the circumstances preclude all other avenues. You must use only the force necessary to stop the threat. Try to restrain yourself as much as possible. You may have to defend your actions in court.

I hope this helps you if you ever face a confrontation which requires you to defend yourself. REMEMBER: it is always better to remove yourself from the threat if possible.

On another note, please do not stand still and allow yourself to be a target. Move around as much as possible, and use cover and concealment to employ the most important aspect of a gunfight; which is DON'T GET SHOT!

It is imperative that you get as much professional training as possible. An internet search will yield a number of schools, clinics, and professional instructors. I can recommend several in whom I have much confidence. Gabe Suarez of Suarez International, Clint Smith of Thunder Ranch, Col. Jeff Cooper's "Gunsite" school, and Mr. Rob Pincus who is affiliated with several training organizations such as Swat Magazine, Guns and Ammo Magazine, "ICE" training facility, et al. One more expert comes to mind, Capt. Masaad Ayoob of Lethal Force Institute, comes highly recommended.

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South Carolina Law on the Use of Deadly Force

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In this post, I would like to quote South Carolina Law as it pertains to the use of deadly force. This comes from "State v. Fuller", 297 S.C. 440, 377 S.E.2d 328 (1989) , and sets forth the elements of self-defense in South Carolina. These are:

1. You must be without fault in bringing on the difficulty;

2. You must actually believe you are in imminent danger of loss of life or serious bodily injury or actually be in such danger;

3. If you believe you are in such danger, you must use deadly force only if a reasonable or prudent man of ordinary firmness and courage would have believed himself to be in such danger, or, if you actually were in such danger, the circumstances were such as would warrant a man of ordinary prudence, firmness and courage to strike the fatal blow in order to save yourself from serious bodily harm or losing your own life;

4. You had no other probable means of avoiding the danger of losing your own life or sustaining serious bodily injury than to act as you did in the particular instance.

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In future sessions I will be discussing South Carolina law as it applies to the Concealed Weapon Permit. I will also talk about firearms safety and equipment for self defense. In addition, there will be information on how to deal with law enforcement officers in the event you have had to defend yourself against a life-threatening encounter. Come back soon!

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Here you will find information about the South Carolina Concealed Weapon Training Program and updates in South Carolina Law as it pertains to CWP's. I will discuss such subjects as the required training, selecting proper equipment, where to get advanced training, and other topics of interest.

Since this is a work in progress, I encourage you to check back often for updates and additions.

I look forward to your frequent visits.

Rufus