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Firearm Training
Manual 38
(a) Voluntary--upon a
sudden quarrel or heat of passion.
(b) Involuntary--in
the commission of an unlawful act, not amounting to felony; or in
the commission of a lawful act which might produce death, in an
unlawful manner, or without due caution and circumspection. This
subdivision shall not apply to acts committed in the driving of a
vehicle.
***
BARE FEAR IS NOT A
JUSTIFIABLE EXCUSE TO COMMIT HOMICIDE
198 P.C. Justifiable
homicide; sufficiency of fear
A bare fear of the
commission of any of the offenses mentioned in subdivisions 2 and 3
of Section 197, to prevent which homicide may be lawfully committed,
is not sufficient to justify it. But the circumstances must be
sufficient to excite the fears of a reasonable person, and the party
killing must have acted under the influence of such fears alone. Instructor
Discussion
The instructor will
discuss with the students that killing an individual because of a
belief that the person may pose a future threat is not sufficient
justification for homicide. There must also be a clear and present
danger.
2. GOVERNMENT
CODE SECTIONS - Business and Professions Code Sections
Statutes of the Bureau of
Security and Investigative Services
Requirements for
Carrying a Firearm
7583.5 B & P. Code.
Courses of training; powers to arrest and use of firearms;
armored vehicle guards;
firearms qualification card.
- Every licensee and any person
employed and compensated by a licensee, other lawful business or
public agency as a security guard or patrol person, and who in the
course of that employment or business carries a firearm, shall
complete a course of training in the exercise of the powers to
arrest and a course of training in the carrying and use of firearms.
This subdivision shall not apply to armored vehicle guards hired
prior to January 1, 1977. Armored vehicle guards hired on or after
January 1, 1977, shall complete a course of training in the carrying
and use of firearms, but shall not be required to complete a course
of training in the exercise of the powers to arrest. The course of
training in the carrying and use of firearms shall not be required
of any employee who is not required or permitted by a licensee to
carry or use firearms. The course in the carrying and use of
firearms and the course of training in the exercise of the powers to
arrest shall meet the standards which shall be prescribed by the
Department of Consumer Affairs. The department shall encourage
restraint and caution in the use of firearms.
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