Firearms defense question
Original Poster: dscott
Forum: Hand to Hand Combat
Posted On: 22-11-2005, 19:14
Orginal Post: dscott: I have a question that came up after watching the recent news. There was a shooting in a mall where the guy just started opening fire in the mall.
My question is this....I'm in the mall and I'm near the situation but not directly affected by it. I'm not a cop, I have a license to carry and I have a gun on me. I know that I have the right to shoot because it would be self defense, but would that hold up in court if I killed him.
Post: Tease T Tickle:
Short answer: No with an if. Long answer, yes with a but.
If you kill a person, even what seems like clear cases of self defense, the prosecutor will do just about everything s/he can to convict you. It's their job to do that, don't take it personally if it happens to you. If there's a jury present, and the prosecutor can make a good argument that you're just a crazy mofo waiting for an excuse to plug somebody, and the jury buys it, you're going to prison.
Seeing as you're a martial artist, you have a CCW and society isn't fond of violence and guns, you very well may wind up being another innocent man behind bars. So, while you might feel morally obligated to stop a crazed gunman from killing people, while you might feel it's in your best interest to put him down like a rabid dog, it's often the most selfishly prudent action to run for cover and keep yourself from getting shot.>
Post: dscott:
That's basically what I figured. I have the right as a human being but the law wouldn't see it that way.>
Post: Gangsta_Nerd:
[quote=Tease T Tickle Short answer: No with an if. Long answer, yes with a but.
If you kill a person, even what seems like clear cases of self defense, the prosecutor will do just about everything s/he can to convict you. It's their job to do that, don't take it personally if it happens to you. If there's a jury present, and the prosecutor can make a good argument that you're just a crazy mofo waiting for an excuse to plug somebody, and the jury buys it, you're going to prison.
Seeing as you're a martial artist, you have a CCW and society isn't fond of violence and guns, you very well may wind up being another innocent man behind bars. So, while you might feel morally obligated to stop a crazed gunman from killing people, while you might feel it's in your best interest to put him down like a rabid dog, it's often the most selfishly prudent action to run for cover and keep yourself from getting shot.[/quote
TT is correct, to an extent. It depends greatly on what State law you are under. For example, in the state of Texas, it is LEGAL to use deadly force against the "mall shooter." ALL self defense cases are presented to a grand jury, so you can not be tried for MURDER by the "mall shooter's" next of kin. Your lawyer will present the state statue and prove that you have a CCW license and the grand jury has NO CHOICE but to exonerate (might be mis-spelled) you.
Now, the above paragraph describes the outcome if you COULD NOT escape the attack. In the original post, the poster said that the "mall shooter" was shooting at OTHER innocent mall customers, but HE/SHE was not in immediate danger; therefore, the D.A. would present, that under Texas law, you commited a offense, because you may only use deadly force to defend yourself and/or others if YOU can not escape the threat.
Again, this all depends on STATE law. For example, Florida does not require a person to flee an attacker, even if it is possible. So, if the "mall attack" happened in Florida, the details described in the FIRST paragraph would prevail.
Basically, I agree with TT, but the "no with an if and yes with a but" is not a general circumstance, but one that depends on State law. Also, using self defense with a firearm could save your life, as well as others; but, just because you are found innocent of murder, does not mean the "mall shooter's" next of kin can not sue you in a civil case.
Civil case suites, involving CCW, are also based on State law. It can happen in Texas, but some other states have laws that say if the grand jury exonerates you, then you are "safe" from any civil action.
>
| < Prev | Next > |
|---|