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I'm not a lawyer but I've lived in some very gun-friendly places. Every state has different laws about when/why you are allowed to engage with deadly force aga
by totalZero 4y ago
I'm not a lawyer but I've lived in some very gun-friendly places.
Every state has different laws about when/why you are allowed to engage with deadly force against another human being. Generally it is permitted when you face a threat of inescapable, serious bodily harm. Sometimes the law is more permissive than that. Look up "duty to retreat," "stand your ground law," "castle doctrine," and "justifiable homicide."
If an unarmed person is stealing your car in California, it's unlikely that shooting at them would be lawful. However, California law imposes no duty to retreat, this article is about "violent robberies," and it specifically discusses getting held up at gunpoint. Someone under those circumstances would likely be permitted, under law, to kill the robber. That may not be true in states with duty to retreat laws.
The fact that every state has a unique approach to this question means that there really isn't a satisfying and succinct answer to your question.
- starkd 4y agoAnd, depending on the state, if you do use force in self-defense, it may be an open question if you will or will not be prosecuted, and (more importantly), if a jury is willing to convict.
- saiya-jin 4y agoSeems to me that when robbery becomes robbery with a gun its too late to be a hero shooting robbers. Not many people want to test if unknown person pointing at them from 1-2m is slower than you getting your own gun from some hidden holster, clicking safety / loading a bullet ie on glocks, pointing and actually hitting back with immediate deadly force. Its either 'redneck' approach when any such encounter is a gun encounter (with its consequences), or just give them wallet/phone and accept the loss&hassle in exchange of much higher chance of surviving.
- slowhand09 4y agoThe part you glossed over totally (or just didn't consider) is the ASSUMPTION that the guy robbing or assaulting you or your family will honor the CONTRACT that you imagined he agreed to, that being to just take your stuff and leave you all unharmed. Many perps aren't completely stupid. They realize you'll call cops if they missed your phone. You'll cancel credit cards immediately. An APB will be issued for your vehicle. You can IDENTIFY them. Everything they took may be rendered useless in minutes. So instead, they may shoot you, or take your daughter hostage, or ignore your cries that the baby is in the child seat in back. If you give them complete power maybe they take you to three ATMs, then force you and your family back into your home, and terrorize you, doing or threatening unspeakable things. Think this is made up crap, cherry-picking stuff? https://en.wikipedia.org/wiki/Murders_of_Channon_Christian_and_Christopher_Newsom https://en.wikipedia.org/wiki/Murders_of_Channon_Christian_a... 30 yrs ago a young single woman I know had most of this happen to her. She was held captive, bound, gagged, blindfolded, tased, and raped for 3 days. She escaped by total dumb luck while the perp was paying for a pizza delivery from her purse. Her life is fucked up forever. She moved to the midwest, in with her parents. She's terrified of people.
- AnimalMuppet 4y agoAll true. But if they've already got the gun pointed at me, and I try to pull a gun in response, are you assuming that they're going to just walk away?
- slowhand09 4y agoMake your own decision. Your mileage may vary. I do what I can. I train.