Is This Legal?

[fimbulwinter]

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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.

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no way. if that's true, that's sick.

fim

[Mr. Zero]

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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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The general rule is you are only allowed to exercise a reasonable degree of force in proportion to the threat posed to claim self defense. Once he takes off, self-defense becomes inapplicable because the threat already occurred and is now over - he's running away from you.

Most jurisdictions allow you to exercise deadly force only when faced with deadly force. A guy pulling a knife on you would meet that standard.

As a bonus, under your facts, not only are you criminally liable, but you're liable in tort as well - i.e., wrongful death etc.

[David04]

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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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Not even close my friend.

[stankybank]

I'm pretty sure you can't shoot someone 'legally' unless your life is in danger. If he jacks your money and starts running away from you, your life isn't in danger, therefore shooting him anywhere is a no-no. If he jacks your money and proceeds to slit your throat, I'm pretty sure a bullet to his head is okay since it's either you or him.

[Lazymeatball]

What if as the guy is running away he yells he's gonna come back and kill your family? I'd feel threatened.

[squeek12]

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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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If someone steals your car by threatening you with a weapon, I think you should be able to shoot to kill, even if he is trying to get away. Damn left-wingers will have you believe that the reason he is stealing is because he grew up in a bad neighborhood and he was disadvantaged... this is BS. He is stealing because he sucks at life, and gives up his right to live when he threatens to kill others.

[Godfather80]

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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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If someone steals your car by threatening you with a weapon, I think you should be able to shoot to kill, even if he is trying to get away. Damn left-wingers will have you believe that the reason he is stealing is because he grew up in a bad neighborhood and he was disadvantaged... this is BS. He is stealing because he sucks at life, and gives up his right to live when he threatens to kill others.

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hmmm...

[KingDan]

No. My friend's dads friend owned a local convenience store. He got robbed, and someone took off with a lot of money. He had a gun under the register, and shot the guy as he was inthe parking lot. It hit the robber in the back, and now he can't walk. The robber sued the owner, as the owner was no longer in danger. The owner of the store pays $$ monthly, which far exceeds how much the original robber stole.

A cop said, half-jokingly "should have just pulled him back into the store."

[DasLeben]

I'm no lawyer, but I do often carry a pistol for personal defense.

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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?

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Nope. In Arizona (as I'm sure in just about every state), you're only allowed to use deadly force to defend yourself from serious injury or deadly physical force. If you're about to be attacked by a guy with a gun, knife, baseball bat, then yes, you can legally shoot him. If he's running away, you're going to have one hell of a time explaining how you were defending yourself by shooting him in the back.

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what if i shoot him in the stomach/legs?

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If he's attacking you and you shoot him in a non-lethal area and he lives, you run the risk of being sued by his family. That's no joke. More importantly though, shooting to kill ends the fight quickly and effectively.

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

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You'll go to jail?

[TStoneMBD]

what if a guy much bigger than you breaks into your house, tears down your door, rips the phones out of the walls and just starts packing up his truck with your television and [censored] but never says anything to you nor threatens you. how the hell are you supposed to defend your [censored]? you cant shoot the guy?