I asked the public and private part on the other question cause I wanted to also know if you shoot someone in legal self defense, can you do so OUTSIDE on your "private property"? Why does everyone always say...Bring them into the house...shoot them...then call the cops? What if a fight escalates with an enemy who came over to cause you harm, and he won't leave when you ask him to, and he immediately gets violent, draws a gun...in your front yard...can you SHOOT HIM before he shoots you?
2007-03-03 13:38:58 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Yes. If your life is threated by someone, anywhere, you can shoot them to defend yourself, or the life of someone else. The whole "drag them onto your property" comes from the following scenero:
You are asleep in your bed when you hear someone climbing through your window. You wake, grab your gun, and go to see the area the noise is coming from. A man sees you, turns and runs away. You shoot at him, killing him as he is trying to run away. Technically you can be charged with murder, because the act of him "running away" is not a threat against your life.
The old wifes tale is to drag him back into your house and tell the police you were afraid he was there to hurt you. The problem with that scenero has always been the amount of evidence ( blood spatter, drag marks, gun powder residue, wound placement, witness accounts, etc)
2007-03-03 16:17:39 · answer #1 · answered by JR 4 · 0⤊ 0⤋
Michigan now has an updated law as far as shooting someone in self defense. If you are on your own property you now have no legal duty to retreat to your residence whereas prior to this law you had to retreat. It also covers you if you are on someone elses property as long as you have a legal right to be there you do not have to retreat.
An action will always beat a reaction. You can shoot first as long as you believe that your life is in jeapordy. So yes, you can shoot him if he draws a weapon.
2007-03-03 21:56:16 · answer #2 · answered by Kevin C 3 · 1⤊ 0⤋
Laws vary state to state, but laws are in effect and courts have ruled that if you are in public, in a place where you have every right to be, you have no duty to "retreat" and can defend yourself. This varies from state to state though and provides the firearm is legal, lic, etc... Unfortunately, sometimes state law is not on the victims side. Your house is often considered your last refuge and you have a right to defend yourself there. Laws from state to state are so varied, its hard to talk about your situation. I can't do things in NY that someone in Texas or another state could do and get a medal for.
I would check your state laws or the NRA website for individual state laws. And always remember, dead men tell no tales!
2007-03-03 22:00:49 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You can always shoot someone in self defense, but in most states you have to run away if you have the chance before you use any force at all. If you could escape, and dont and then use force you will be guilty of a crime.
Now in your home the issue is, in some states, you can not shoot someone who is just breaking into your home, again you have to run, and you can not just shoot them to protect the property. In other states if they break in, you can shoot them in your home.
So in states that allow you to shoot someone who broke into your home, you can do so to protect your property, but only in your home.
Outside your home, you can not shoot anyone to protect your property, but only to protect your life ( or the life of someone else) but you have to attempt to escape if possible first in some states
2007-03-04 10:54:53 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You would have to justify why you are are armed on the streets. If your don't have a CCW permit, you are in some big trouble. Even if you have a CCW, if you cannot prove, via witnesses, etc., that the other person was the agressor and escalated the use of deadly force, you will still be in hot water.
2007-03-04 07:53:02 · answer #5 · answered by WC 7 · 1⤊ 0⤋
Yes, you can shoot them. You might have some hate mail, because people just have to start trouble-but I say if they got it comin' to em'-you be the one to give it to em'. You might want to check with your states law-my advice is how I think things should be ran-but then again, I probably got some things comin' to me. But if your just defending yourself, I am almost positive you won't get in trouble-no matter where your standing-in your backyard, on your porch, or even in the mall. It all depends on where you live.
2007-03-03 22:58:18 · answer #6 · answered by Kasey P 2 · 1⤊ 0⤋
yeah, hopefully he has the gun in his hands and you have a witness to prove your extra innocent
2007-03-03 21:55:34 · answer #7 · answered by austinblnd 4 · 1⤊ 0⤋