I have a question about shooting in self defense. Say a person on the street comes up to you and pulls a gun on you, are you allowed to shoot him? Now say a police officer pulls his gun on you, why arn't you allowed to shoot him? If it is in self defense you should be able to.
2006-08-07 09:33:07 · 12 answers · asked by Entrepreneur 3 in Politics & Government ➔ Law Enforcement & Police
Please, serious answers only, I don't want any a*sholes answering with stupid answers. I just want legitimate answers.
2006-08-07 09:34:40 · update #1
This sounds like a very anti-cop question to me. Are you angry over an experience where you found yourself being abused by a police officer?
You are justified in using lethal force in most jurisdictions if all three elements of the required elements are present.
1) Opportunity - the person has the ability to kill or mame you or someone under your protection (a cop would have this if he or she were at close range to you). They are an immediate threat RIGHT NOW, not sometime in the future or in the past
2) Intent - the verbally stated or brandishing of a weapon, etc. which tells you unquestionably that the person wants to kill or mame you or someone under your protection (a cop would not ordinarity have this unless her or his own life were threatened, or if you were an immediate threat to the public or to yourself)
3) Ability - number 1 and 2 are meaningless unless the person in question has the means (gun, size, pipe, etc.) to do harm. (A cop would have this if she or he were armed)
In 99.999999999999999999% of the cases, a cop would not have #2 unless you were being a criminal puke who is an immediate threat.
Someone who has service weapons pulled on them cannot claim self-defence because they must have instigated the threat themselves.
2006-08-07 09:50:23 · answer #1 · answered by Anonymous · 2⤊ 0⤋
You would have to have a license to carry a gun.
About the police officer. Why on earth would you shoot a cop? And he wouldn't be pulling a gun on you UNLESS you were breaking the law, right? So no self defense there.
I have found it's always the people trying to find a loop hole in the law that are the same ones who break the law over and over.
2006-08-07 09:39:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You have to have a reasonable fear for your life, and no other way out in order to successfully claim self defense. A police officer pulling a gun on you doesn't really fall into this category, since you are presumed to be the dangerous one. The officer will give you the opportunity to lay down your weapon and surrender (unless you are actually shooting at her).
2006-08-07 09:38:49 · answer #3 · answered by Catspaw 6 · 0⤊ 0⤋
In most states, to use self defense you must (1) reasonably believe that force is necessary to protect your person; and (2) must use only that amount of force that is reasonable to protect yourself.
With a police officer (identified as such), it is not reasonable to believe that you need to use any force at all. If you drop your weapons and follow instructions, they will (theoretically) not be shooting you. It is not reasonable to believe that a police officer will shoot you if you "stop" and follow instructions.
Therefore, the first prong (force is necessary to protect your own safety) is not met.
The second prong (amount of force necessary) does not even get reached, but it is doubtful you could get a jury of your peers to agree that shooting an armed police officer was either reasonable or necessary to protect your own safety.
2006-08-07 10:14:37 · answer #4 · answered by robert_dod 6 · 0⤊ 0⤋
A police officer is a PEACE officer and won't point a gun at you without a valid reason. The "bad guy" will point it at you in the idea he can and may purposely harm you.
You can defend yourself in both cases, but in a jury of your peers, they will likely convict you for shooting a police officer, and may not for shooting someone that threatened you first that was intent on causing you bodily harm.
2006-08-07 09:41:38 · answer #5 · answered by Whiskeytangofoxtrot 4 · 0⤊ 0⤋
Dear Entre,
You are permitted to shoot if a reasonable and prudent person would think that deadly force was about to be used on him / her. If the gun is a giant water gun, and you shoot, that would be unreasonable and you might be guilty of murder or some other homicide.
A similar standard is used in the police scenario - if you know it's a policeman and shoot nonetheless, you may be guilty of murder. If the policeman is plainclothes, and a reasonable person would have no way of knowing, you might be acquitted completely.
-j.
2006-08-07 09:39:36 · answer #6 · answered by classical123 4 · 0⤊ 0⤋
Retard, the uniform and badge signify that society has given the officer the authority and responsibility to perform law enforcement duties. If in performing those duties it is necessary to detain someone at gunpoint there is no self defense for someone to shoot at law enforcement officers
2006-08-07 09:39:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
In most reasonable states you are allowed to, the police officer is a little more questionable, if he was trying to kill you, yes.
2006-08-07 09:36:51 · answer #8 · answered by Black Sabbath 6 · 0⤊ 0⤋
Well you can if he is trying to kill you. But police officers have a license to do that.
Ask your local police department
2006-08-07 09:38:16 · answer #9 · answered by USMC 4 · 0⤊ 0⤋
anyone in any law enforcement agency would identify themselves very quickly, self defence laws vary from state to state but most read along the lines of you have to believe your life in in jeapordy and can use an equal amount of force to defend yourself.
2006-08-07 09:37:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋