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Substantial risk

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Definition

  • A real and significant—not speculative or trivial—risk of initiating nonconsensual physical force to another person or their property.
  • Creating a substantial risk of initiating nonconsensual physical force is one of the 9 forms of aggressing (a breach of the Legal Principle).

Local community determines the threshold

Examples

  • Impairment from drugs or alcohol.
  • Storing dangerous materials in a populated area.
  • Someone in possession of a firearm that is either a violent felon, mentally incompetent, or technically incompetent. Weapons with more significant harm to greater numbers of people at further distances also require more stringent rules that need to be determined.

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