Is it legal to shoot someone robbing you?
I blew this guy's head off who came into my house once...he was all freaky looking and was yelling and going on so I just shot him. No time to evaluate is what I told the Police and stuff...turns out he had just been robbed and beat up and had broken in to my house to escape the guy who robbed him! LOL! I was like, he should've had a gun then he could have shot the robber...or me....or we coulda shot each other...like a Tarantino movie...that would be cool. I also shot my girlfriend once...it was dark and I forgot I gave her key. She's okay though...I just nicked her cause I was really drunk it was hard to aim.
If someone robs me, and as they walk away, I shoot, will I be charged?
The key words here are “as they walk away” and “rob”. Let's consider the latter for a second.While you were being robbed, were you in a situation of imminent threat? A threat of such degree so as to cause grievous hurt or maybe even death? If it is the case, then if you choose to pull out a gun and shoot the guy at the time of the the robbery, you wouldn't be liable.As for the former, you were already robbed and the robber was already walking away. When you pulled out your gun to shoot him, you were not in a situation of imminent threat. The apparent threat had already ceased to exist.This is basically the gist of the doctrine of self-defence. The force used should be proportional to the apparent and imminent harm that is about to be inflicted upon you. In this case, shooting someone, even if the person robbed you, superceded the magnitude of the harm caused to you i.e. the robbery. Also, the person was walking away and there was no “imminent” harm.
Can i shoot someone if i am being robbed in the streets?
black people are robbing asians in their home and on the streets. its been going on for a few months now. i personally know 8 people that were robbed in the last 3 months and all these incidents happened separately times. i spoke with someone and she said there 20 houses that were robbed and that's all in one block. they laid off a lot of police officers so the cops are not treating it as an emergency so we cant call 911. they even informed us not to call 911 because there is a number for non emergency's. anyways my question is can i carry a gun with me in oakland for my own protection? i rather get a ticket or risk going to jail just to protect myself than getting shot at by one of these *** holes. if i were to shoot the robber when and how can i shoot. if i shoot this robber would i go to jail for murder for self defense or will i just get in trouble for carrying a gun in public? also can i shoot him when he runs away with my belongings or do i just stand there and do nothing at all, maybe congratulate him and say goodbye to my wallet, keys, and car? cause i think people like that deserves to be shot. bye the way for those who will say get out of oakland i just want to point out that its not in the ghetto area of oakland, this is near chinatown and san francisco area. thanks
Could I shoot someone who trespasses on my property?
Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what degree of retreat or non-deadly resistance (if any) is required before deadly force can be used. In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine: An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car. The intruder must be acting illegally—e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty) In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties. Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming have adopted Castle Doctrine statutes
If someone pulls out a gun at you, do you have the right to shoot?
TWO questions. 1) If you were at a bus stop and someone tries to rob you and pulls out a gun(fake or not) (DOES NOT AIM), do you have the right to shoot him? (if you have a conceal permit of course) 2) If that person DOES aim the gun at you, you without even saying a word, can you shoot him? Does it matter how many times?
Can I shoot someone trying to get me out of my car?
I really advise reading: Sec. 9.04. THREATS AS JUSTIFIABLE FORCE Sec. 9.31. SELF-DEFENSE Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON Sec. 9.33. DEFENSE OF THIRD PERSON Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY You are justified in using force if you "reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force" It is presumed reasonable if the person you used force against "unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment" But you can not provoke them, and you can not be engaged in any criminal activity. This is what was added, and considered the "castle doctrine": A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section. You do not have to retreat or back off if you have a right to be there, did not provoke the situation, or are committing a crime. http://www.statutes.legis.state.tx.us/Do... According to what you have stated you would legally be able to use deadly force if they tried to break in to your car to pull you out. You did not provoke them by telling them too bad, and you did not have to let them in because you have a a right to be there. If you cut them off then that changes things. But you did the right thing, no one died and you do not have to go through the legal process and the mental anguish of knowing you killed someone (even though rightfully).
Would you kill somebody if they killed one of your family?(Not a gangster to gangster crap)?
From a normal family to kill the criminal that killed one of your family member even if the law enforcement said not to kill him/her? I would, i don't care if it's not going to bring them back, they will go to jail like for 10 to 40 years and then go back in the street to do the same thing, I wouldn't want that punk to get out alive.
When is it legal to shoot someone in self defense?
Your question implies that you are already carrying a weapon yourself. Without a permit you too could be charged with a crime (concealed weapon). The laws have changed fairly dramatically and unfortunately to the benefit of the would-be criminal. Good example is for home defense: Previously if someone broke into your home you could shoot them as a trespasser and technically be within the law. The new laws state that there has to be an "immediate threat" upon you to justify the use of a firearm or other weapon to be considered self-defense. Local law libraries are the best sources of this information as the interpretation of the law can vary from state-to-state. But if you are looking specific to firearms, you can contact the local bureau of firearms within your states department of justice. Go to Yahoo or Google and search on "[your state name] department of justice bureau of firearms" they should have references available on the topic you are looking for. Good luck!
If someone breaks into your house with a gun, what are you not legally allowed to do to them? E.g. can you tie them up and stick them in your basement?
In the eyes of the law, you may use all reasonable and necessary force, including lethal force, to defend yourself and others. So what does that mean?It means if someone breaks into your home and poses an imminent threat to your safety you can use whatever force is needed to prevent him completing that threatened act. If the guy kicks in your front door and charges you then just about any force is acceptable.However… if someone forces open a door or window, comes inside, sits down on your sofa, drinks your beer while watching ESPN, but ignores your commands to leave or get on the floor, there is no immediate threat. Keep him at gunpoint, call the police. If he moves towards you it becomes a judgement call.Assuming you’ve managed to force him to give up without having to shoot him, the legal system is likely to look upon you unfavorably if you…Torture the intruder.Maim the intruder or break bones after he has given up resistance.Cause other unnecessary injuries or subject him to abuse.Humiliate or degrade the intruder after he’s given up resistance.Tie him up and move him from your residence to a place other than jail.Keep him prisoner, especially without proper care & food.Force him into involuntary servitude (i.e. slavery).Put make-up on his face to make him look like a drag queen.Use him like a piñata.Shave his belly with a rusty razor (even if he is a drunken sailor).You need not treat him with kid gloves and be nice to him. You can restrain him until the authorities show up (not fair waiting hours to call them though). If he attempts to free himself you can prevent him from doing so as long as any injuries were necessary and/or a result of his attempt to free himself.On the other hand, if the intruder threatened you with the gun or fired at you and in response you have shot him, whether you render any kind of aid is a judgement call. I’d make sure he doesn’t still have the gun and can’t get to it before rendering aid. Rendering aid isn’t required if you believe danger still exists.
Can you shoot a home intruder?
It will depend on the state that you live in. In Texas a recent law was passed that allowed citizens to shoot any one robbing them, even of out side of your house. But most states will allow you to shoot an intruder in your home, if you fear for your life.