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And your legal authority to defend yourself or another person and or arrest a person via citizens arrest
This seems very appropriate , especially the lyrics. I have always had a special memory of this song. Not necessarily a good memory but a very powerful one ! I first heard it in RVN and thought I would die that very day , but I didn't. Now the lyrics seem to apply to the times we live in even more so than then ? And no question the music itself was and is still astonishing and powerful " So let us stop talking falsely now , the hour is getting late ! Hey " we are the watchtower, our consciousness and everyday thinking ! It is up to us to demand the correct boundaries, not any government entity.
I am available for personal consultations to get you headed in training of all types on a personal basis to help you create the proper mindset as well as strength, health and overall well being. Fees are based on each circumstance/conditions and very reasonable for the outcomes accomplished. Click on donate button and simply phone me for consult details , Steve 541 656 1091
One is to defend yourself from an attack and the other is to create a fast diversion to be able to get away from impending bodily harm. Lets analyze these comments. OK , some person is either going to attack you or already has ? The first rule is to never let anybody catch you by surprise and attack you if at all possible. Be completely observant of your surroundings and people in your area at all times. And if the attacker is obviously much bigger or for whatever reason has an advantage like a weapon, or a mob scenario your best decision is to neutralize the threat or get away by removing yourself ? Your own good judgement is also a factor in putting yourself in such a possible scenario in the first place sometimes , but not always. Things can go awry for numerous reasons these days especially if the local authorities are politicized and not willing to allow you due protection under their own statutes and laws by turning a blind eye or simply standing down as some have done.
So how do you neutralize an attacker and you have no weapon , like a pistol ? And if you have a pistol or other weapon when is it legal to use it ? I can only speak of Oregon laws that are on the books and I urge everyone to find out your own local and state statutes. As well be aware of the local and state authorities and how they perceive and follow thru with those statutes. Here in Oregon many different municipalities apply the statutes very differently and some go out of their way to deny them in various ways and or deliberately not allow citizens to be aware of them or lawfully utilize them. I am NOT in any way pretending to be professional legal council on these matters. But I am telling you to find out for yourself, as well I urge all to look into potential insurance and training if necessary from groups such as USCCA or others available out there. A simple search engine will tell you of your state laws and what is on the books. The rest is up to your own judgment and training. So do NOT put yourself in a situation you may regret if at all possible. Also realize that being in a group is a good defense in and of itself. Also video is your friend these days not your enemy. So consider all the factors and do NOT be afraid to remove yourself if the situation warrants such a tactic and action, like being completely outnumbered by lame brains if you happen to be alone or in small numbers. Retreat is sometime the best tactic for many reasons. This is NOT about ego, it is about your lawful rights to participate and express your opinions/voice and avoiding being attacked. Many times these laws are being deliberately suppressed or violated severely, so be cautious and aware of your locale and how the jurisdiction operates. Here are the Oregon laws for self defense and citizens arrest. And I reiterate they are only enforced or allowed per various different locality interpretation. Which of course is complete bullshit but it is what exists in a corrupted democrat controlled state like Oregon. I am fortunate and live in a county and municipality where our rights are largely intact and protected. That is why I live here.
2015 ORS 161.209¹
Use of physical force in defense of a person
Except as provided in ORS 161.215 (Limitations on use of physical force in defense of a person) and 161.219 (Limitations on use of deadly physical force in defense of a person), a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]
2015 ORS 161.205¹
Use of physical force generally
The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
(1)(a) A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.
(b) Personnel of a public education program, as that term is defined in ORS 339.285 (Definitions for ORS 339.285 to 339.303), may use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.291 (Use of physical restraint or seclusion).
(2) An authorized official of a jail, prison or correctional facility may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.
(3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury.
(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result.
(5) A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971. [1971 c.743 §21; 1981 c.246 §1; 2011 c.665 §§10,11; 2013 c.133 §4; 2013 c.267 §4]
Note: See note under 161.015 (General definitions).
And here are the citizens arrest laws and some definitions that apply to all of these issues
2015 ORS 133.225¹
Arrest by private person
(1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255 (Use of physical force by private person making citizen's arrest). [1973 c.836 §74]
See also annotations under ORS 133.350 in permanent edition.
Notes of Decisions
Evidence, in tort action for alleged reckless discharge of firearm, that store clerk activated burglar alarm after robbery, that defendant emerged from back room and was told by clerk that robber was fleeing, and that it appeared from circumstances that robber was escaping from parking lot, was sufficient to warrant finding that crime was committed in defendant's presence within meaning of this section. Hatfield v. Gracen, 279 Or 303, 567 P2d 546 (1977)
Where off-duty state trooper, acting as citizen, could have arrested defendant under this section for driving under influence of intoxicants, he was not required to follow any set procedures in initiating law enforcement action. State v. Chaput, 43 Or App 831, 604 P2d 435 (1979)
Law Review Citations
10 WLJ 30 (1973); 55 OLR 286 (1976)
Use of physical force by private person making citizen’s arrest
Definitions for ORS 181A.360, 181A.840 to 181A.891, 181A.895 and 181A.995
Transportation to treatment facility
Retaking persons in custody of or committed to Oregon Health Authority
Transfer between hospital and nonhospital facilities
2015 ORS 161.255¹
Use of physical force by private person making citizen’s arrest
(1) Except as provided in subsection (2) of this section, a private person acting on the person’s own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225 (Arrest by private person).
(2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force. [1971 c.743 §31; 1973 c.836 §339]\
https://www.oregonlaws.org/ors/2013/161.249 Use of physical force by private person making an arrest
https://www.oregonlaws.org/ors/161.249 Use of physical force by private person assisting an arrest
also these these associated clarifications, definitions of justifications
https://www.oregonlaws.org/ors/2013/161.190 justification as a defense
https://www.oregonlaws.org/ors/2013/161.195 justification described
https://www.oregonlaws.org/ors/2013/161.200 choice of evils
https://www.oregonlaws.org/ors/2013/161.215 Limitations of physical force in defense of a person
https://www.oregonlaws.org/ors/2013/161.219 Limitations on use of deadly force in defense of a person
https://www.oregonlaws.org/ors/2013/161.225 Limitations of use of force in defense of premises
https://www.oregonlaws.org/ors/2013/161.229 Use of physical force in defense of property
These first two videos are very basic moves and can easily be altered to suit your own needs by anyone but they are very effective maneuvers and can be easily mastered to be expanded on. I describe the hand/palm strike below in use
These videos are bit more advanced and realize all require some practice and some degree of physical ability. With the fitness page and this page as well as others here, you can become strong, fit and confident in your ability to protect yourself and others. Realize your personal confidence is a big part of your mindset and overall ability ! There are many more videos on line that are quite good so choose what works for you and focus on your fitness as you train.
There are several places to strike an attacker and render them immobilized. One place is in the larynx (adams apple area of the throat). A strong blow to this area scan seriously stop an attacker and can actually kill if enough force is applied. A side hand judo type blow or crimped knuckles or an open handed forceful butt of the palm strike are very effective for such a blow. Also an elbow or knee if at all possible (perhaps on ground) will accomplish such a strike. Elbows are also very good to strike an attacker if they are behind you and close enough. You can deliver a lot of power with an elbow to anywhere in the face/head/neck and that may well give you the opportunity to either break and run or finish the job with follow up blows. The other good spot is to break the nose and even better to get both nose and larynx with the first two blows ! and guaranteed it is over. A strong blow to the nose is stunning and very painful. It starts the eyes watering and hopefully lots of blood flows and many times does. I have used that technique on a much bigger opponent in a fight inside a grocery store some years back and got in the first two blows to the nose and larnyx. From that point on it was over for the bully and he was on the ground bleeding profusely and gasping for air. Once the head is available to kick , its lights out if that is what you want to do ? The point is don't fight unless it is unavoidable and if you do , fight to win and nothing short of that. The decision of how far to follow thru is always dependent on the situation at hand. There are other places to strike but it takes some skill and practice and I am simply pointing out the two best weak spots I know of that work very well to stop or drop an attacker. Remember there is no point to fight except to protect yourself and loved ones or to help you escape. There are a few tricks that can put the odds of winning in your favor ? A canister of pepper spray will do wonders to stop an attacker and incapacitate them so you can either flee or take them out with follow up blows. Also many of the new electronic shock devices are excellent to stun or incapacitate an attacker. Another tool is to pick up anything available and use it as a weapon ? A board or a pipe or chain or whatever is handy , anything to even the playing field or lean it in your favor. If you have to fight , the purpose is not an ego event , it is to win by whatever means are available to you, so kicking , gouging , biting , breaking the collar bone with a 2X4 or whatever ! I watch some of the UFC stuff on TV , but most of their moves simply won't hold up in a street fight where there are no rules ? I consider those guys some tuff ass MOFOs here in the land of girly men ? The only rule is to win and take out the attacker by whatever methods are available and or necessary. In a survival or emergency scenario it would be very wise to avoid such events if at all possible simply for fear of receiving wounds that may not be able to be treated. So escape/retreat/run away/leave are all good options if available. But it is easy to imagine that it might not always be possible to avoid such an event. Therefore it is only prudent to have some skills and a mindset to accomplish the task to save your ass ! Sometimes the best defense is a violent and massive offense , but certainly not always. So each potentiality will have to be weighed as it comes. In all honesty this is a big reason I like to be fit and strong. I simply do not want to be a victim or somebodies punching bag , much less have my goods stolen from me or take an ass whipping . What about the police ? well if you haven't figured out they cannot protect you in most cases you are already behind the curve ! Besides we are talking about how things have devolved via political intrusions and violations, not simply SHTF scenarios and emphasizing the difference between then and now. So stay defensive and alert at all times as well as fit and confident in your abilities and training. When I was crippled I was quite weak and it plays on your psyche and your perception of your self. So I think it is very important to keep your head together and stay fit so you won't become somebodies bitch slap victim ! There is a lot of self confidence in knowing you can protect yourself in nearly any situation or get away as the case may be ? It is an entirely different scenario in terms of SHTF and everyday life on the block ? So stay in the proper reference point at all times , which is a defensive posture and frame of mind combined with fitness and regular training. That old saying about being prepared for all events holds true. Much better to be ready at all times and sleep well. I was in my share of scraps and it does help to know your abilities and limits. Actually I came close to fisticuffs just a short while ago, so it does pay off to be ready at all times. Fitness is where its at ! a source of personal security. Weapons are an entirely different story ? and even armed with a rifle or pistol it is still very important to pick your battles and know when to exit or avoid confrontations. The last thing you want to have happen is to get shot and either bleed out or not have any treatment available so infection can set in ? Just being armed will not make you King Kong and invinceble ? I imagine some others will be armed as well , so keep your wits about you and avoid all skirmishes if possible ? Remember that thing about defensive, not offensive, is almost always the best first course of action and reference point to start with. More to come !