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If someone points a gun at you....Can you KILL them?
- Thread starter HANSEL
- Start date
D
DUSTY
Guest
i guess anything is possible but you would have to act quick enough. what kind of gun will you be using? your 20 inch massive gunz?HANSEL said:
T
The Republican
Guest
sigweed said:
You dont need physical proof. The law states that as long as YOU felt that your life was in danger, you have the freedom to use any means comparable to your assailant. So, if he comes at you with his fists and you shoot him 27 times, chances are you will be in trouble. If he comes at you with a knife then feel free to shoot the guy.
Your property falls under this law as well. If someone is stealing your car or TV, you have the right to stop him any way you can, which includes shooting at him.
Y_lifter
New member
Actually, in most states, property(car, money etc) is exempt from use of lethal force unless the person is also threatening you with lethal force to take it.
You cannot use lethal force to protect your property only your person or another bystander.
So if someone just takes off with your car you cannot shoot them.
If they point a weapon at you as in a car jacking, some states allow you to use lethal force to protect your life, not your car.
The only exemption to this exemption is INSIDE YOUR HOME
known as the castle doctrine in most states.
It states that you do not need to retreat but can use lethal force to protect yourself in your house.
T
The Republican
Guest
Y_Lifter said:
Hmm, I admit it has been a while since I studied law. I know that it used to be that way, but of course times change.
bwood
Banned
The Republican said:
dude, be careful giving out advice like this...
the law is based on what a "reasonable person"
in the victim's position would have felt...
physical proof is essential...he better have a
gun or a knife if you shoot him...
if just a knife, you could have a duty to reasonably
retreat, depending on the state...even with him
having a gun under certain scenarios...
texas, i believe, is still the only state that recognizes
the use of deadly force in defense of property...
with all respect, dont get someone in trouble
giving questionable advice...
T
The Republican
Guest
bwood said:
Another good point. I studied constitutional law and this is how it is portrayed, but like Y-Lifter said every state is now able to create its own interpretation.
javaguru
Banned
Actually, self defense does not use a reasonable person standard, at least in most states, it uses the actual mindset of the individual. Did the person believe their life or the life of another was in immediate danger.
Most states also require you to retreat from a situation if possible vs using deadly force.
Most states also require you to retreat from a situation if possible vs using deadly force.
H
HULKSTER
Guest
I don't need a gun, because nobody fucks with me anyway because I'm crazy......then again, it's the very reason I'm crazy that makes me carry around two unlicensed Mac-10s, and an AK-47 just for backup.
HANSEL
New member
Y_Lifter said:
I would actually take the chance.... Im not going to be taken advantage of by a scumbag.
And I think the usual robber/car jacker doesnt expect you to go for a gun, actually they dont want you too because in most cases I doubt they are prepared to use it.
And wouldnt it be sweet to etch a little mark on your gun the represents someone you have killed
Oh, and always carry a swap meet derringer in your car to plant on the guy in the case he didnt have a weapon.
Y_lifter
New member
Florida's take on this...
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776.012 Use of force in defense of person.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.
776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
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776.012 Use of force in defense of person.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other's imminent use of unlawful force. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.
776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
Y_lifter
New member
D
DcupSheepNipples
Guest
You can kill anyone anytime if you really want to! What happens after that just depends on the interpretations of your actions or if you have "Permission!" Of couse this all depends if you get caught!
nvrbuffenuff_girl
New member
HANSEL said:
I don't know that this applies to AZ but in FL as long as you feel endanger of your life in a situation like this you would be right in using your handgun to shoot the person and even kill them.
based on the scenario you present, yes you can use deadly force on the perp..... for VA, the 3 questions that give you the right to use deadly force taught in an NRA handgun safety class for concealed carry .
1. Is your life in jeopardy or someone else's life in jeopardy of bodily harm /imminent danger (i'm about to be robbed, fear for my life)
2. Does the perp have the ability to do harm to you that may result in grave bodily injury/death (seeing the perp has a gun and using it to commit a felony against me that may result in death/injury)
3. Does the perp have the means to do harm to you that may result in grave bodily injury/death (perp has a gun and plans to use it on me)
If yes to all three, then you can use deadly force.
Of course there are repurcussions... possible civil suit, court/attorney fees... whatever you do... only statement that should be made when the police arrive is " i would like to cooperate, but i can't make a statement until i speak to my attorney" Let the police talk to the witnessess if any about what happened. This will help back up your statement when you do give it. This protects you from any statement you give that you may need to recant later. Your adrenalin is still pumping after the shooting that you may miss important pertinent information that may exonerate you .
1. Is your life in jeopardy or someone else's life in jeopardy of bodily harm /imminent danger (i'm about to be robbed, fear for my life)
2. Does the perp have the ability to do harm to you that may result in grave bodily injury/death (seeing the perp has a gun and using it to commit a felony against me that may result in death/injury)
3. Does the perp have the means to do harm to you that may result in grave bodily injury/death (perp has a gun and plans to use it on me)
If yes to all three, then you can use deadly force.
Of course there are repurcussions... possible civil suit, court/attorney fees... whatever you do... only statement that should be made when the police arrive is " i would like to cooperate, but i can't make a statement until i speak to my attorney" Let the police talk to the witnessess if any about what happened. This will help back up your statement when you do give it. This protects you from any statement you give that you may need to recant later. Your adrenalin is still pumping after the shooting that you may miss important pertinent information that may exonerate you .
A
ariolanine
Guest
Ask yourself this:
Would a jury made up of people from the immediate area find me not guilty?
Would a jury made up of people from the immediate area find me not guilty?
T
The Republican
Guest
Y_Lifter said:
So true. Fortunately most people wont know what it is like.
oubeta
Well-known member
In Oklahoma all you have to prove is you "thought" your life was in danger at that very instant. In most cases it won't even go to trial. You better believe if someone points a gun at me I'm pulling out my Kimber and unloading a clip in his ass. Then my girl will do the same. I've turned her into a killing machine. I'd say if someone attempts to rob us they are in for a big suprise.
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K
KAYNE
Guest
FUCK A GUN, IF SOMEONE POINTS A FINGER AT ME, I CAN KILL THEM.
SofaGeorge
New member
KAYNE said:
I sort of ascribe to this policy as well... except I qualify that if they look in my general direction I have the right to kill them.
I almost put it into practice Saturday night.
Testosterone boy
New member
HANSEL said:
I would actually take the chance.... Im not going to be taken advantage of by a scumbag.
And I think the usual robber/car jacker doesnt expect you to go for a gun, actually they dont want you too because in most cases I doubt they are prepared to use it.
And wouldnt it be sweet to etch a little mark on your gun the represents someone you have killed
Oh, and always carry a swap meet derringer in your car to plant on the guy in the case he didnt have a weapon.
Damn....not one but two guns. One carries 230 grain bullets as well. .44 mag?
SofaGeorge
New member
bwood said:
I was having lunch with a film director many years ago that was a legendary gun nut... he did the Dirty Harry movie... a bunch of other shoot 'em ups. At the lunch was his equally gun nut assistant and a driver for one of the studios. The driver was an old guy... a New Jersey teamster before he joined the studio driver's union.
The director and his assistant were going on and on about expensive night sights. The driver listend... chewed his burrito... listened some more... got this look on his face like are-these-guys-nuts as they went on and on about night sights.
Finally he said:
"What are you guys going on and on about night sights and aiming for? You never "aim" a gun. You just put it up to the back of a guy's head and bust two caps."
Then he went back to chewing his burrito.
He wasn't making a joke.
Testosterone boy
New member
SofaGeorge said:
Another problem with night sights is the button batteries die fast because the laser light is strong.
C
CASS
Guest
I would stick my finger in the barrell and tell him to make his choice, before i whipped his candy ass!
[email protected]
New member
I’ll make it simple.
Deadly force can be used when protecting you or a third party from immanent serious bodily injury or death. It’s all about how the person reasonably interpreted the situation.
All cases go before a grand jury in the US when a firearm is discharged resulting in injury if the DA sees cause. A little foggy on if ALL cases or just ones the DA sees fit.
ALL cases go before a grand jury where a death has occurred.
It comes down to being able to articulate the reason why you acted. You can articulate an assault with a hammer better sometimes then an actual firearm. It all depends on how you present it and how you can articulate the immediate danger.
Someone comes at you with a firearm at an ATM and demands money? That’s a freebee as long as you don’t pump 8 rounds into him with a 6 shot revolver you’ll be home free.
After any shooting do not say a word to anyone. Tell them you need to go to a hospital (trauma) and you do not want to talk about it until you calm down and can contact your attorney.
As you can tell I have been there and done that…
Deadly force can be used when protecting you or a third party from immanent serious bodily injury or death. It’s all about how the person reasonably interpreted the situation.
All cases go before a grand jury in the US when a firearm is discharged resulting in injury if the DA sees cause. A little foggy on if ALL cases or just ones the DA sees fit.
ALL cases go before a grand jury where a death has occurred.
It comes down to being able to articulate the reason why you acted. You can articulate an assault with a hammer better sometimes then an actual firearm. It all depends on how you present it and how you can articulate the immediate danger.
Someone comes at you with a firearm at an ATM and demands money? That’s a freebee as long as you don’t pump 8 rounds into him with a 6 shot revolver you’ll be home free.
After any shooting do not say a word to anyone. Tell them you need to go to a hospital (trauma) and you do not want to talk about it until you calm down and can contact your attorney.
As you can tell I have been there and done that…
caseyviator
New member
ok im curious
why 2 mac 10s isnt 1 enough??ehhehehh
also what do you do to need 2 weapons++the ultimate medium range assult rifle//..it must be kinda cool???
oh yea how much did ya pay for the ak
god i love that rifle>>>>>>>>>>>>>>so much better than m-16 imo only
HULKSTER said:
why 2 mac 10s isnt 1 enough??ehhehehh
also what do you do to need 2 weapons++the ultimate medium range assult rifle//..it must be kinda cool???
oh yea how much did ya pay for the ak
god i love that rifle>>>>>>>>>>>>>>so much better than m-16 imo only
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