Is it legal to shoot someone with a legally-owned machine gun?

Question

...OK OK, I am re-asking this question because of the barrage of uninformed and downright ignorant responses I received a minute ago.
First of all, yes, automatic weapons are civilian-legal under federal BATF laws. You have to pay a $200 one-time tax, get your local police chief to vouch for you, and get permission from the BATF, then purchase them through a Class III firearms dealer. And it has to be legal in your state. You DO NOT need any special license, and of course you can't be a fugitive, felon, or escapee from a mental ward, but the same goes for purchasing any gun. I know several people who own such LEGAL full-auto weapons, (which is why I ask this question), and they're a big hit at the range of course. It iritates me that hardly anyone knows their rights these days...
*Phew* OK so on with the dang question, let's say I have met all these conditions, and I am in my own home, and somebody smashes a window, climbs in, and threatens to stab my wife with a knife...ok?

Answer 1

"Is it legal to shoot someone with a legally-owned machine gun? I am in my own home, and somebody smashes a window, climbs in, and threatens to stab my wife with a knife...ok?"

The quick answer to your question is "Probably."

The issues arising from firearms purchase, ownership, possession, and use are particularly difficult to address on "Laws & Ethics" since in the U.S. alone there are thousands and thousands of statutes, regulations, and ordinances that differ from municipality to municipality, from state to state, and from the states to the federal government.

You might have a duty to retreat-- even within your own home! Further, the storage requirements for your automatic weapon might be such that having it at hand for such a situation is so unlikely that you'd be in violation of the storage ordinance. And depending on your level of documented expertise in using the weapon, using the full-automatic option might be considered overkill. I'm sure there's more....

That said, let's focus on the issue. The possession of a firearm and the use of a firearm are two different issues. Your legal possession of any weapon does not constitute the legal use of that weapon and vice versa. So, you can legally possess an automatic firearm and still use it illegally; And you can be in illegal possession of a firearm and still use it legally. (See Bernhard Geotz, New York, 1984: He was acquitted of charges related to the use of the weapon, but convicted of illegal possession of a firearm.)

In this case, the harm created by the use of deadly force against an aggressor is offset by the affirmative defense of "self-defense" and, therefore, would be "legal" even where you used an automatic firearm to do that harm.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

Is this a trick question? Not a trick answer, which is: Of course you will, you Boob. Automatic weapons are illegal in the United States, outside the military. As there is no such thing as a machine gun that isn't automatic, there is no such thing as a legally owned machine gun. Therefore, why wouldn't you get into legal trouble? You are already breaking the law by owning the weapon, regardless of whether or not your victim dies. Self defense or otherwise is not a factor. And, considering the push to remove weapons from the hands of the regular citizens of this country, you'd do much better to hit him over the head with something, or to throw a pet at him. Just make sure there's no other story to be told when the police show up. If you could contrive to get shot while defending yourself, you might even manage to be regarded as a victim instead of a murderer.

Answer 3

Given that you have a completely licensed machine gun in your own home, if someone breaks into your home, you may kill them "inside" the home.

Notes of caution:
1.) There better be clear evidence of breaking and entry.

2.) There better be weapons on the victim, preferably in his / her hand with no other person's finger prints on them but the victim's.

3.) There better not be any passers-by who will give out conflicting statements about what happened on the night of so and so. Hint: No bad arguments/violence with this dude prior to the shooting.

4.) Tip: The Feds will expect you to safeguard your auto weapons from theft by vandals and local thieves. So you had better invest in a big gun safe and have it installed in a well locked room.

Advise: Use a Cal. .40 Auto Pistol for home defense, or a plain old 12 Gauge Automatic Shotgun with 00 buck. Keep the full auto items under lock and key in the safe, not out for easy access in self defense situations. You need a secret signal between you and your wife that tells her when to go limp and drop to the floor. No sense in plastering her all over the wall while trying to kill the intruder.

Last but not least, it is your duty to keep abreast of all your local town, county, State and Federal gun laws.
Ignorance of the law is not an excuse. Seek the advise of a legal rep (atty.) if you have any doubts as to the meaning, or provisions of some law. Get informed now, and save yourself lots of time behind bars without reason.

Answer 4

First of all, shooting someone (even in self defense) is not legal. Just because there is no legal penalty for doing it doesn't mean the law says its okay.

Secondly, If you can prove self defense, you can use any means of force at your disposal to stop the assault. That includes a Machine gun. Even an illegal one.

The firearms regulations that restrict ownership would be a totally separate legal issue. So, it would be possible to shoot an intruder with an illegal weapon, and be acquitted of murder, but convicted of separate firearms charges.

Answer 5

Depending on the state that you live in, this may or may not be legal. But in the same move, if you wait for them to smash the window,crawl in and threaten your wife, I dont think it would really matter if you had a full auto or a howitzer, its probably to late by this time.

Answer 6

yes. so long as all your previous list of rules are met and the situation is a home invasion/attempted murder sort of thing. you have every right to spray that clip into that fool. this burglar/murderer has no idea you're armed and is taking that chance by breaking in and trying to harm your family. home invasions are a tricky subject legally speaking since it could mean a multitude of things really. however, you are within your right to bear arms and defend yourself in times of attack/robbery/etc.

Answer 7

With your assumptions, I'd say it's legal (and OK, to boot). Use short bursts, you don't want to be hosing down the whole neighborhood. And none of this tracking behind them on full auto while they run to the side stuff.

Answer 8

You have the right to defend yourself by any means necessary only if the person is coming toward you but if they see the gun and run and you shot them in the back you're wrong even if they did brake in and enter your home uninvited.

Answer 9

You could be fined for unnecessary use of force, especially if you unload an entire clip into someone. Does your state have a "you have a right to do not retreat" law in place?

No matter what, the liberal media will have a field day with it.

Answer 10

If they broke in your house, then no, it's not against the law. You will have to go to court and trial and fight it for a while, but you will be ok. But, you see this happening in the future? Why would you ask something like that?