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-   -   Is This Legal? (http://archives2.twoplustwo.com/showthread.php?t=293005)

fimbulwinter 07-14-2005 08:14 PM

Is This Legal?
 
Corollary to the Corollary Thread:

guy jacks me with a knife, I give him my cash etc., he takes off.

I immideately pull a pistol and shoot him dead. legal?

what if i shoot him in the stomach/legs?

what if i walk back to my car, get a rifle and shoot him from a distance?


lawyers out there?

fim

spamuell 07-14-2005 08:15 PM

Re: Is This Legal?
 
I am not a lawyer but I'm pretty sure that in the UK all of these are clearly illegal once you are no longer in danger and I'd hope it's the same anywhere.

-Skeme- 07-14-2005 08:15 PM

Re: Is This Legal?
 
I don't know about the others, but I'm fairly certain that leaving the scene to get a weapon makes it assault, not self defense.

I'll venture a guess and say that shooting someone in the back also doesn't qualify as self defense. He's cleary running away and you're really not in much danger anymore. Not to mention shooting someone is much more lethal than say tackling him and taking your cash back.

xorbie 07-14-2005 08:17 PM

Re: Is This Legal?
 
I think there was a case in Texas about this, that may have gone to the supreme court. Something like a guy caught someone stealing from his toolshed and shot him dead with a shotgun. Google is thy ally.

Tron 07-14-2005 08:17 PM

Re: Is This Legal?
 
These are all illegal, but in order of increasing legality, I think it would go:

Shoot the legs --> Shoot the stomach --> Shoot dead --> Leave, get a gun, then shoot dead

Randy_Refeld 07-14-2005 08:17 PM

Re: Is This Legal?
 
I think in NV and TX you have a right to protect your property.

gumpzilla 07-14-2005 08:19 PM

Re: Is This Legal?
 
I am not a lawyer.

I'd be astonished if this were legal. I've heard that it is illegal in several states to do something like pull a gun on an attacker and keep them there until police arrive., and that's an order of magnitude less clearcut.

-Skeme- 07-14-2005 08:20 PM

Re: Is This Legal?
 
[ QUOTE ]
I think there was a case in Texas about this, that may have gone to the supreme court. Something like a guy caught someone stealing from his toolshed and shot him dead with a shotgun. Google is thy ally.

[/ QUOTE ]

I think shooting people on your property is legal in Texas. You might need a sign, though.

James Boston 07-14-2005 08:24 PM

Re: Is This Legal?
 
It is my understanding that the rule of thumb here is that if you can prove that you felt like you were in danger, you're in the clear. So in any situation where you shoot someone who fleeing the scene, the threat has passed and you're going to jail for murder.

I don't know what the law states if you only shoot to wound.

sleepyjoeyt 07-14-2005 08:27 PM

Re: Is This Legal?
 
In MA you have the right to use deadly force to protect yourself but you cannot use deadly force to defend property. Not sure about other states.


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