Combat Expertise - when?

Does a character have to be actively fighting with another creature in direct melee (not ranged) combat in order to use his Combat Expertise feat?

The feat description seems to say so, put my players think it's just crazy that you can't be as defensive when you're not fighting someone as you can when you are. "I attack a shrub!" they say, or "I shoot an arrow at a rock!" Anything to claim they're using the attack or full attack action, so they can transfer their BAB into their AC.

Opinions? Is there an official answer?

Thanks in advance.

The Spectrum Rider
 

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You need to use an standard ("attack") action to use this feat. Just like you need a standard action to fight defensively or go total defense. You don't have to be actively swinging to use this feat, but you need to spend the standard action.
 

The 3.5E SRD says:

When you use the attack action or the full attack action in melee
(my emphasis)

So no ranged attacks (unless TWF with a melee weapon) to gain the Dodge bonus to AC from this feat.

I'd certainly allow a character to use it even if not under direct threat as it indicates their current intentions and the degree of defensive posture that they are undertaking.

Remember that by doing so, they are restricted to a single move (or move action) each round and their AOOs will be affected.

I certainly wouldn't allow it to operate until initiative had been determined and their action had come up. This would stop characters cruising around with Combat Expertise operating constantly.
 

From the SRD:
When you use the attack action or the full attack action in melee, you can take a penalty of as much as -5 on your attack roll and add the same number (+5 or less) as a dodge bonus to your Armor Class.

Yes, you need to use the attack or full attack action. No way around it. If you wanted to just stay still and be defensive, you would use the Total Defense action. Depending on the character and situation, though, the best defence may very well be a good offence.
 

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