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  #1  
Old 07-14-2005, 08:14 PM
fimbulwinter fimbulwinter is offline
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Default 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
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  #2  
Old 07-14-2005, 08:15 PM
spamuell spamuell is offline
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Default 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.
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  #3  
Old 07-14-2005, 08:15 PM
-Skeme- -Skeme- is offline
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Default 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.
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  #4  
Old 07-14-2005, 08:17 PM
xorbie xorbie is offline
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Default 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.
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  #5  
Old 07-14-2005, 08:17 PM
Tron Tron is offline
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Default 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
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  #6  
Old 07-14-2005, 08:17 PM
Randy_Refeld Randy_Refeld is offline
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Default Re: Is This Legal?

I think in NV and TX you have a right to protect your property.
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  #7  
Old 07-14-2005, 08:19 PM
gumpzilla gumpzilla is offline
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Default 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.
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  #8  
Old 07-14-2005, 08:20 PM
-Skeme- -Skeme- is offline
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Default 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.
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  #9  
Old 07-14-2005, 08:24 PM
James Boston James Boston is offline
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Default 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.
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  #10  
Old 07-14-2005, 08:27 PM
sleepyjoeyt sleepyjoeyt is offline
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Default 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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