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Are you not allowed to shoot someone in Germany if they fire a gun into the air and then point it at you? What about if someone is swinging a blunt object viole

Are you not allowed to shoot someone in Germany if they fire a gun into the air and then point it at you? What about if someone is swinging a blunt object violently at your head? Is there just not such a thing as "self defense" in Germany? I feel like I sound like one of the right wing sympathizers but I'm honestly just curious how things work over there, are you willing to explain?

siva7 5y ago
Not so if the shot down people can also make the case that they feared for their lives because you were carrying a weapon and that is why they pointed a weapon at you in the first place. There is a good reason why only highly trained government forces are allowed to carry a weapon let alone some teenager.
- School-Cotton 5y ago
  > Not so if the shot down people can also make the case that they feared for their lives Can you cite the specific German statute or case history that says this? Or is it just what you intuitively expect to be true? > There is a good reason why only highly trained government forces are allowed to carry a weapon let alone some teenager. For what it's worth, I wish that were the case in the US too. But whether carrying a gun is illegal is a different question from whether using it in this specific situation makes you also guilty of the additional crime of murder.
  - Zickzack 5y ago
    If you can read German, then search for the term Putativnotwehr - or Erlaubnistatbestandsirrtum which looks so much more German. It refers to an understandable, but wrong belief to be in a situation that justifies self defense. It is a valid excuse in penal law, yet it does not apply to civil liabilities. You can still be sued for damages. An official prosecutor told me that you can use it once in your life to beat somebody up. After that, they will not believe you anymore. However, I completely agree that it does not make sense to judge the Rittenhouse case by German law.
    - School-Cotton 5y ago
      Thanks!
SquishyPanda23 5y ago
You can't shoot someone in the US for swinging something at your head. Otherwise all bar fights would end in gun violence like in a cheesy Western film.
- Ancapistani 5y ago
  > You can't shoot someone in the US for swinging something at your head. In every state of which I’ve ever been a resident, responding with lethal force in such a case is in fact legal.
  - stjohnswarts 5y ago
    If that something is a deadly weapon sure. If it's fisticuffs and shoving then no it's not unless someone has you on the ground and is pounding away with no sign of letting up. I would say you would need to be beat half to death though or the jury is going to laugh at you.
    - horns4lyfe 5y ago
      This whole comment shows that you really don’t understand physical violence/haven’t been involved in it. One punch can easily cause physical damage that can ruin lives. One hard shove can crack someone’s head on a concrete curb. These are all things I’ve seen happen. The idea that you could be “beaten half to death” and then have the presence of mind to decide that it’s ok to defend yourself with a weapon is equally absurd.
    - blindmute 5y ago
      This is simply false in most states. In short, you can shoot someone dead if you "reasonably believes such force is necessary to prevent imminent death or bodily harm to himself / herself or another". This does in fact include a guy punching you or trying to punch you.
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siva7 5y ago

Not so if the shot down people can also make the case that they feared for their lives because you were carrying a weapon and that is why they pointed a weapon at you in the first place. There is a good reason why only highly trained government forces are allowed to carry a weapon let alone some teenager.

School-Cotton 5y ago
> Not so if the shot down people can also make the case that they feared for their lives Can you cite the specific German statute or case history that says this? Or is it just what you intuitively expect to be true? > There is a good reason why only highly trained government forces are allowed to carry a weapon let alone some teenager. For what it's worth, I wish that were the case in the US too. But whether carrying a gun is illegal is a different question from whether using it in this specific situation makes you also guilty of the additional crime of murder.
- Zickzack 5y ago
  If you can read German, then search for the term Putativnotwehr - or Erlaubnistatbestandsirrtum which looks so much more German. It refers to an understandable, but wrong belief to be in a situation that justifies self defense. It is a valid excuse in penal law, yet it does not apply to civil liabilities. You can still be sued for damages. An official prosecutor told me that you can use it once in your life to beat somebody up. After that, they will not believe you anymore. However, I completely agree that it does not make sense to judge the Rittenhouse case by German law.
  - School-Cotton 5y ago
    Thanks!

SquishyPanda23 5y ago

You can't shoot someone in the US for swinging something at your head. Otherwise all bar fights would end in gun violence like in a cheesy Western film.

Ancapistani 5y ago
> You can't shoot someone in the US for swinging something at your head. In every state of which I’ve ever been a resident, responding with lethal force in such a case is in fact legal.
- stjohnswarts 5y ago
  If that something is a deadly weapon sure. If it's fisticuffs and shoving then no it's not unless someone has you on the ground and is pounding away with no sign of letting up. I would say you would need to be beat half to death though or the jury is going to laugh at you.
  - horns4lyfe 5y ago
    This whole comment shows that you really don’t understand physical violence/haven’t been involved in it. One punch can easily cause physical damage that can ruin lives. One hard shove can crack someone’s head on a concrete curb. These are all things I’ve seen happen. The idea that you could be “beaten half to death” and then have the presence of mind to decide that it’s ok to defend yourself with a weapon is equally absurd.
  - blindmute 5y ago
    This is simply false in most states. In short, you can shoot someone dead if you "reasonably believes such force is necessary to prevent imminent death or bodily harm to himself / herself or another". This does in fact include a guy punching you or trying to punch you.
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5y ago