Griffin Speaks

USE OF DEADLY FORCE: MAYOR 
BOBBY BRIGHT IS RIGHT

Mayor Bobby Bright was quoted in the Montgomery Advertiser on Friday, September 16, 2005 as recommending that people purchase guns and learn how to use them to protect themselves. “In my opinion, people need to buy a weapon, buy a gun, educate themselves on how to use that gun and they need to use that weapon to protect themselves from the criminal element out there.” “We have got to put the career criminal on notice, we are not going to take it anymore,” he said. “They are not going to walk in and walk out and rob our innocent citizens in Montgomery.”

I agree with Mayor Bobby Bright’s comments. 

Generally speaking, you should consult the local District Attorney Office for specific questions regarding the use of deadly force. This is what the law is in Alabama:

(A) A person is justified in using physical force upon another person
in order to defend himself or a third person from what he reasonable
believes to be the use or imminent use of unlawful physical force by
that other person, and he may use a degree of force which he reasonably
believes to be necessary for that purpose. A person may use deadly force
if the actor reasonably believes that such other person is:

1) Using or about to use unlawful deadly physical force; or

2) Using or about to use physical force against an occupant of a dwelling
while committing or attempting to commit a burglary of such dwelling; or

3) Committing or about to commit a kidnapping in any degree, assault
in the first or second degree, burglary in any degree, robbery in any
degree, forcible rape or forcible sodomy.

(B) Notwithstanding the provisions of subsection (A), a person is not
justified in using deadly physical force upon another person if it
reasonably appears or he knows that he can avoid the necessity of
using such force with complete safety:

1) By retreating, except that the actor is not required to retreat:

a) If he is in his dwelling or at his place of work and was not the
original aggressor; or

b) If he is a peace officer or a private person lawfully assisting a
peace officer at his direction.

2), & 3) repealed by Acts 1979, no.79599, p.1060, ss 1.

(C) Notwithstanding the provisions of subsection (A), a person is
not justified in using physical force if:

1) With intent to cause physical injury or death to another person,
he provoked the use of unlawful physical force by such other person; or

2) He was the initial aggressor, except that his use of physical force
upon another person under the circumstances is justifiable if he
withdraws from the encounter and effectively communicates to
the other person his intent to do so, but the latter nevertheless
continues or threatens the use of unlawful physical force; or

3) The physical force involved was the product of a combat by
agreement not specifically authorized by law. 

When I moved into my house I had a sophisticated security system installed. I can view my security monitors and know what is occurring around my house 24/7. Yesterday I was sitting in my den when a carload of men stopped in my driveway and began to urinate in my side yard. I ran outside and asked them what they were doing urinating in my yard? They were stunned. They thought no one was home. I lectured them and they politely departed. Every night I go to bed with a loaded Glock 40 under my pillow. If an intruder invades my home while I am present it will be war. My alarm system is so loud that it will wake up the neighborhood! Debra will be aiming the shotgun and I will be aiming the Glock 40. The kids will be sent to the panic room. Nancy Grace will start her show the next day with “Did you hear about what happened in Montgomery, Alabama last night? 

In view of the Mayor’s comments I strongly suggest that you follow his advice. I also suggest that you take it upon yourself to have a clear understanding of when and how deadly force can and cannot be applied. EXAMPLE: If someone breaks into my house while I am home: THEY ARE DEAD!

Greg Griffin is a free lance writer. You can read his previous articles by visiting his web page at www.greggriffin.com