An incident happened. My friends tried to jump another guy outside the strip club parking lot. He guy said "if any of yall run up and try me ima start bustin". It was like 12 vs 1. The guy shot 5 bullets hit 4 people out the group of 12 and killed 1 person. If the shooter dosent have a gun permit, is that considered self defence or 2nd degree? Just curious.
2007-10-25 11:59:04 · 7 answers · asked by DopeBoi 1 in Politics & Government ➔ Law & Ethics
The decision of 2nd degree (or any other degree of murder or manslaughter) and self defense does not hinge on if he had a gun permit. It hinges on if he felt in fear of his life (I think 12 against 1 would qualify) and if the force used was reasonable.
2007-10-25 12:03:21 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
If your friends tried to jump a guy (12 to 1) and were shot, good!
How could you ask that question?
First off, you've left off the first part of the story - the part where his life was threatened which would explain the remark.
Personally, I can't think of any one individual, I do not care how low their IQ is, that would deliberately walk up to a group of 12 people looking to provoke a fight unless they were suicidal.
The fact that he used a gun to defend himself - not suicidal.
I hope your so called friends go to jail, and he will get self defense.
In the mean time, start looking for better friends, because your current friends are going to land you in jail or the morgue.
Do you really want to go there?
Is it worth it?
2007-10-25 19:15:50 · answer #2 · answered by rulestheroostwithkindness 3 · 0⤊ 0⤋
Gun permit is irrelevant. He of course can be charged with not having a permit; however, employees without gun permits sometimes can use guns at their place of employment and are exempt from having a gun permit.
In your set of facts, the shooter most likely won't be convicted of murder at all. It seems obvious that he was in fear of his life in facing 12 people who wanted to "jump" him.
I suggest you get new friends because I wouldn't be surprised if you ended up in jail if you continue to hang out with them. Your friends can actually be charged with attempted murder for planning to "jump" a guy.
2007-10-25 19:21:12 · answer #3 · answered by Dina K 5 · 0⤊ 0⤋
I don't think that the gun permit has anything to do with the self-defense claim. If he doesn't have a permit, he could be charged separately for that.
2007-10-25 23:16:51 · answer #4 · answered by modoodoo76 5 · 0⤊ 0⤋
gun permit is irrelevant, you can't get a permit to murder people. it was obviously not self defense the way you present it. if he was being shot at--maybe, but this isnt the case. you dont even specify who strated the transgression. absolutley murder.
2007-10-25 19:04:24 · answer #5 · answered by alex s 2 · 0⤊ 1⤋
That would be murder plain and simple because the man provoked it and shot first , he could have just left or ran .
2007-10-25 19:03:57 · answer #6 · answered by Anonymous · 0⤊ 1⤋
If I was on the jury, I wouldnt convict him of anything.
I am sure you could make an argument for both, though.
2007-10-25 19:01:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋