If I was randomly walking around and I saw somebody being assaulted, will I get in trouble with the law for pulling out a gun and threatening the assaulters?
2006-10-31 09:25:22 · 12 answers · asked by Deuce 2 in Politics & Government ➔ Law & Ethics
if you don't have a license for the gun, yeah.
2006-10-31 09:28:17 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Just as a way of introduction, I am a self defense instructor with more than 15 years of experience.
Every state has their own laws and restrictions concerning gun ownership and carrying a concealed weapon. The best advice that I can give you is to consult a lawyer that not only practices in your home state, but who also specializes in 2nd Amendment issues.
Not knowing what your home state happens to be, I can only comment on the laws that exist in my own state of Ohio.
In Ohio it is illegal for a private citizen to carry a concealed firearm unless you have a license to do so. There are a few very narrow exceptions, usually concerning armed security guards and other employees whose job requires a firearm. But since the scenario you outline above is of you "randomly walking around", I can say that you better not have a gun on you unless you first get a license.
Ohio law is also specific concerning the use of deadly force. The only time it is justified is if there is a reasonable expectation of death or grave bodily harm.
Saying that you only threatened the attackers without actually pulling the trigger isn't going to cut any ice in a court of law, since the threat of deadly force is enough. Once the gun clears leather, it is assumed that you are planning on using it.
There is a provision in the law that allows people who are not directly threatened to use deadly force to protect others, but the same requirements still apply. The victim has to be in imminent danger of death or grave bodily harm. A simple beating isn't good enough.
The link below will take you to a web page that discusses the concealed carry laws from various states. Most of the entries for each individual state has a link leading to their laws dealing with the use of deadly force.
Keep in mind that these web pages are for information only, and are not to be considered legal advice. For that you need to go and consult a lawyer.
James R. Rummel
2006-11-04 01:04:19 · answer #2 · answered by James R. Rummel 2 · 0⤊ 0⤋
Depends! Do you have a permit to carry a firearm??? Local gun laws? Not necessarily the smartest thing to do in the first place! Are you properly trained to handle a firearm? Are you in danger?? I personally have stepped between many fights and never had any trouble. I think a gun makes the situation much worse. Criminally you may get lucky and not be charged, but be prepared for a civil law suit if you use that weapon!!!! You could ruin your life! PS--I like guns but this is not what they are intended for.
2006-10-31 09:31:14 · answer #3 · answered by Jamey T 2 · 0⤊ 0⤋
It's not illegal, as long as you have a REGISTERED gun, a permit that allows you to carry it. Gun is not something to threaten with, even if you are just trying to help. Once you pull a gun, you better be ready to use it. It's good that you want to help, I get that, but it's risky you never know what could happen. You could end up accidentally shooting the victim, and then what, get sued because you were trying to help. I would help though, but that's just me. Also, look into concealed weapon law in your state. If it ever happen, you wouldn't want to be charged with something on a technicality....
2006-10-31 09:37:24 · answer #4 · answered by mensrea11 1 · 0⤊ 0⤋
If I were you I wouldn't get involved. You don't know who's position is who, the assaulter could be a rapist who just raped the other one's mother and now you're sticking up the one who's mom got raped letting the assaulter go free. Let the kids play.
2006-10-31 09:34:20 · answer #5 · answered by Answerer 7 · 0⤊ 0⤋
Legal in the fact that deadly force (or the threat of) can only be used to prevent the use of deadly force, or an aggravated offense, or murder, against another person. Read your state's penal code chapter concerning the use of force.
2006-10-31 09:35:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I pretty sure it depends on the assault and but if you have a concealed weapon license and have a gun permit, i think you're O.K.
2006-10-31 09:34:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
thats sure an iffy question..what state do you live in? do you have a permit? were you threatened in any way? In florida, it's legal to carry a loaded gun, and kill someone in self-defense....better cool it....you dont want to go to jail for being helpful.....
2006-10-31 09:31:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You could (and likely would) be charged with assault. You can't even restrain someone who is assaulting another without the very likely chance that that person will charge you with assault.
However, if they begin to assault you, you can defend yourself.
2006-10-31 09:29:24 · answer #9 · answered by Phoenix, Wise Guru 7 · 0⤊ 1⤋
only if you have a permit for a concealed firearm and your life is directly endanger. Being a Charley Bronson is only for Hollywood.
2006-10-31 10:46:24 · answer #10 · answered by mightymax 2 · 0⤊ 0⤋
Could be very risky you are not in danger so try to break it up first then if they turn on you have a permit and do what you gotta do.
2006-10-31 09:27:54 · answer #11 · answered by Anonymous · 0⤊ 0⤋