subm4maam
Posts: 6
Joined: 2/22/2007 Status: offline
|
quote:
ORIGINAL: GrizzlyBear For 15 years I taught gun safety, marksmanship, and lawful use of deadly force to civilians who wanted a concealed carry permit in my home state of Montana. I carried a gun daily for most of that time. Laws differ from state to state as to the circumstances where use of deadly force is permissible, and if you keep or carry a deadly weapon you had better know the law in your state, or any other state where you might also carry it. Only a few states permit use of deadly force to protect property outside the home or place of business. I believe Texas is one of them. Some states require that even in your own home you may not use deadly force if you are able to retreat. Massachusetts and New Jersey have such laws. In the majority of states including mine, you are allowed to use deadly force only to prevent the commission of a forcible felony (defined as murder, rape, aggravated assault, or armed robbery) , or burglary or arson upon an occupied structure. Sometimes this is limited to such crimes being against the person of someone who you have a lawful duty to protect. Find out the law in YOUR state. Find out how the prosecutors interpret it. I would recommend that you talk to a criminal defense attorney, give him a retainer, and get his opinion about those laws, if you keep loaded guns for self defense, like I do. If he has taken a retainer, he will be much more receptive when you call him from the police station after your arrest. It is very important to note that use of deadly force is not the same as kill. The important thing is intent - a lawful use of force is intended to stop a felony. You shoot to stop, not to kill. If excessive force is used after the felony has been stopped, there will be way more than a 15 yard penalty for a late hit out of bounds. If it can be shown in court that you possessed premeditated intent to kill anyone who broke into your house, what was an otherwise justified shooting may become the subject of a murder prosecution. It is therefore not a real good idea to state in a public forum like this one that anyone who comes into your house is dead. Hint: if they fall down, or turn and run, the threat has ended so stop shooting. If you empty the clip into them, or walk up and put a finisher between the eyes, its not going to look good at your trials. There will probably be two, one for criminal charges, and one for the civil suit. Even if you beat the criminal charges, you will almost always be sued, and it is much easier to lose a civil trial than a criminal one. Ask OJ. Actually, there will be three, if you count the one that will take place in the media, where you will most likely be labeled as a trigger-happy killer. By far the best bet is to not be in a situation where the need to use deadly force arises. Stay away from places where violent criminals are likely to be such as biker bars, late night stop-and-robs, or the really bad parts of town. Keep your car doors locked. Make your house hard to break into. Most especially, keep the doors locked You are much less likely to be arrested if the unarmed drunk teenager you just shot broke down the door, than if he just walked through it.because it was unlocked. If I empty a mag into someone, how does that make me look bad? My Kimber .45 1911 holds 7 rounds in the mag and 1 in the chamber, if I can squeeze off 8 rounds into somebodies chest before they fall, it's not overkill. If I have time to dump the mag and load a spare, they are obviously still a threat. You are correct that you shoot to disable the perpetrator, however shooting to kill is the surest and quickest way to do that. If I put 3 rounds into their chest and one round in the face, again, thats exactly what law enforcement trains to do, if it's good enough for them it's good enough for me. I don't know how many states do, I'm guessing quite a few, but Oklahoma law grants immunity from a civil suit for anybody that is found to have acted in self defense.
|