AMERICAN LAW & THE MARTIAL ARTIST

Self-Defense is not only a right, but according to the law it is also a "privilege". That means that if the limits of action is exceeded, it can be lost. The martial artist shoul be aware of these limitations and understand how not to exceed, therefore lose them.The privilege of self-defense is triggered only where the "actor" is apprehensive about being assaulted. In assessing the assault, consideration of the difference in size, age and relative strength of the parties should be taken. The actor must be apprehensive about serious bodily harm or death to justify self-defense with killing force.

Martial artists experience the same trials and tribulations as the non-trained counterparts. However, experts in the martial arts are often able to cope with confrontation and combat with greater calm reflection than non-martial artists. These skills have definite bearing on the performance of a karateka. Most people trained in the martial arts try to avoid street encounters. It is suggested for the martial artists to always retreat if possible, and to stay and fight only if necessary for personal safety of the safety of another. A martial artist should not flaunt their skills.

Many martial artists impulsively retreat if possible. These retreating martial artist face no legal issues, whatever the jurisdiction. The problem arises if a martial artists refuses to retreat when confronted with either deadly or non-deadly force. The assumption is that martial artist are capable of employing their hands and feet to inflict death or great body injury.To avoid liability for use of excessive force in self-defense, you may use only such force in repelling the attack as a "reasonable" person would have though necessary under the circumstances. This has been characterized as "reasonable force". No greater force than is necessary to protect yourself is permissible. For example, you are not privileged to use deadly force to prevent the infliction of a slight harm. In determining whether the force used in self-defense is reasonable or excessive, American courts have looked to a number of factors.

Some courts look to the amount of force exerted, the means employed to exert the force, the manner in which the force was applied, and the surrounding circumstances.United States statues declare certain martial art weaponry "DEADLY WEAPONS": blackjacks, etc.; manufacture, sale or possession; concealed explosive or daggers. Any person who manufactures, causes to be manufactured, imports, offers or exposes for sale, who gives, lends or possesses any cane gun, wallet gun, any firearm which is not immediately recognizable as a firearm, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, or any instrument or weapon of the kind commonly known as a blackjack, slingshot, billy club, nunchaku, sandclub, sandbag, sawed-off shotgun, metal knuckles, or who carries concealed upon his person any explosive substance, other than fixed ammunition or who carries concealed upon his person any dirk or dagger, is guilty of a felony, and upon conviction shall be punished by imprisonment in the county jail.

This shall not apply to the following: the possession of a nanchaku on the premises of a martial art school which holds a regulatory or business license and teaches the art of self-defense.As used in this section, "a nunchaku" means an instrument consisting of two or more sticks, club, bars, or rods to be used as handles, connected by a rope, cord, wire or chain, in .. connection with practice…..self-defense.