Ban Dispute (Megasaw, Juju)

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Punishment Type: Ban
Punishment Subtype: Server Ban
Appeal Type: Dispute[Evidence]
Which staff member issued the punishment?: @Megasaw, Juju
How long were you banned/blacklisted for?: 1 Month

Your Steam Name: ГРУППА ВАГНЕРА RUS
Your Roleplay Name: Yaroslav Abramovich
Your SteamID: STEAM_0:1:890835337

Why were you punished?: "3.4 – The user pulled a gun while under gunpoint, resulting in their death."

Why should this appeal be considered?: Whenever a player is gun pointed and is in no position to resist, he MUST adhere to rule Rule 3.4 - Putting your life at risk and comply with the orders given to him - regardless if you believe that rules are being broken, you must continue the roleplay situation and report it (F6) in the end.

The basic rules regarding gunpoint are the following:

If you are unarmed you MUST COMPLY.
If you have a weapon in your inventory but not in your hands, you MUST COMPLY.
If you have a weapon on your hands, either passive or attack stance, you may resist and try to shoot the aggressor.
he didnt give me any time to put away my gun after he opened his mouith and the rule doesnt say anything about "If a gun is in your face and there is no order given, you must sit there and wait for an order"
why in the rules handbook for 3.4 does it also include, "If a gun is pointed at you, you must stand and wait for an order to be given to you"

"However, if the attacker is close to you and you do not have enough time to pull out your firearm, you MUST obey his orders."

I was told that just because a gun is pointed at me I have to "comply" comply only is only about verbal commands. I pulled my gun before any words were spoken because I knew the player did not need me alive in that situation. I then tried to pull out my keys and surrender to him as the words were being spoken, and was shot before I could then raise my hands, leaving no time for me to do it Don't blame the guy for gunning me down because at that point there was a gun in my hand. For all I know he couldve just killed me anyways for whatever reason. Why doesn't the rule even say that if a gun's pointed, you must surrender immediately without any orders given? The guy was in PD and there was most likely bound to be a shootout anyways and I don't think I wouldve been alive anyways after the situation would have ended if I did surrender with no orders given.

"Rule 3.4 - Putting your life at risk states that you must, at all times, protect the life, freedom and/or general well being of your In-game character. Any actions taken that may conflict with the previous statement must be done in a realistic fashion and for beneficial reasons only."

I was then told after the ban that refering to this rule, even though there was a gun in my face, I can't pull a gun out even before any words are spoken. Why can't I do this? The guy was raiding police department which had other officers on duty (not on scene that I know of), and the guy raiding PD did not need me alive for his goal - to get his friend out by any means necessary. Also did not mean to break any rule, I was just reacting in the heat of the moment
 
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In this situation, the suspect already had a clear and lethal advantage. You chose to pull your firearm only after opening the door and seeing someone already aiming at you with no chance of cover or actual escape. According to rule 3.4, you must prioritize your life and take all reasonable steps to avoid death. In this case, you had no likely chance of surviving after pulling the gun, and while outcomes may vary, this action is considered an unreasonable risk.

Therefore, it can be seen as a violation of 3.4.

It has been verified that a rule break occurred in this situation, and therefore, this dispute shall be closed.

This conclusion was reached by me, @fokus-rado08, and @Locksmith. Questions? Contact me here on the forums.
 
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