In general, the court found a person must be under, or believe he or she is under, an imminent and impending threat of death or serious injury; that he or she did not recklessly or negligently place him or herself in a situation where it was probable they would be forced to possess a gun; that he or she had no reasonable, legal alternative to possessing the gun; and that he or she must have a reasonable belief possessing the gun would help avoid the threat.
But prosecutor Lovell Johnson said Schwantes had left out the fifth standard: The defendant did not possess the firearm for any longer than reasonably necessary.
But prosecutor Lovell Johnson said Schwantes had left out the fifth standard: The defendant did not possess the firearm for any longer than reasonably necessary.
Jerry Jones who fatally shot intruder charged with gun crime. Felon in possession.
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