Fire as a Weapon

[Doug M.]

I had to laugh at "mazel tov" cocktail. One of my Jewish pals from HS will be getting a call about that one.

Civil litigation risk: that also depends on the local legal culture. In many states now, the fact that the offender/decedent was committing a crime and injured by resistance to that may preclude civil recovery. It may even preclude filing, and expose a plaintiff's attorney to frivolous pleading sanctions and Bar discipline. Be aware that your homeowner's insurance may not cover you. These are among the reason that post as I do about defense of home in layers - anything that makes your house less appealing to a criminal is a good idea. Lights, fences, dogs; all of the above. If an uninvited person can get to your door or feels comfortable trying, you are likely on the wrong path. If someone gets shot at my house, that's after going over a 6' fence with padlocked gates, forcing an opening, and getting past two rottweilers.

There is something I regularly post about: you need to know as much as possible about the dynamics of violent encounters and how well or poorly firearms will work, among other topics WELL BEFORE the force incident. You need to be able to articulate the underlying knowledge - what is learned later is not relevant or admissible. I have suggested in other posts a few books. While they are directed at LE encounters, much of the knowledge of ballistics and the like is the same.

Understand that the odds of a plaintiff's attorney lying are staggering. I see that all the time in the police setting. The odds of a defense attorney not knowing enough are also staggering. Most prosecutors don't know beans about use of force, either. It's maybe an hour of class time in law school, and the arcana is significant. I have no idea how many hours of reading, classes and other study I have done - likely well over 500, quite possibly a lot more. If there are 1000 lawyers in the US who know enough about use of force to open their cakeholes without showing that they are below the level of Billy Madison, I'd be amazed. You don't want me to do bankruptcy cases - and I am smart enough to shut up. Heck, I don't know enough to make a recommendation for a lawyer in that arena - but at least I know it.

 

[max503]

In Illinois? Shoot 'em. You can use deadly force if they are committing a forcible felony.

"Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.

From a practical standpoint, you'll be better off if you're not in Cook county (Chicago)

"You go out for a late night bike ride/walk and as you round the corner three clowns are lighting and ready to throw MCs at your home. No one is inside except for your pets."

I believe the opposite. No one's life is in danger so I don't think you have the right to shoot them in Illinois. I could be wrong.
Now if someone was inside the building being firebombed that would be a different story.

 

[steelslaver]

I really like my dogs and cats, I do not like people who burn down other peoples property. I even like my gold fish more than I like arsonists.

If somebody around here shot somebody throwing a fire bomb at a house the sheriff would NOT ask many questions and the county attorney wouldn't even think of trying to find a jury.

Nobody around here is going to go throwing any fire bombs unless they are nuts or have a serious death wish.

 

[sigp220.45]

I think you'd be fine shooting a person about to burn your house down. Especially since it could spread to the neighbors as well.

I believe I would confront the person at gunpoint and point out the error of their ways. I would then act as indicated.

 

[fredj338]

Sn attack with a wrapon is an attack with a wrapon, your dwelling, your car, your business, anyplace you happen to be. So I would think you could shoot someone throwing fire bombs at you but not just at property, in most states.

 

[steelslaver]

Montana codes state i can use force to sop a a felony or trespass of property. My wife an attorney in the state agrees that the county attorney wouldn't even begin to bring charges.

 

[Hayz]

A lit gas bomb, mazeltov cocktail

I think you may be referring to a 'molotov' cocktail

 

[Rastoff]

The term "Reasonable person" is open ended and it appears in many laws. It leaves a huge stumbling block as what is and what isn't a reasonable person. Ask 100 people to define reasonable person, you will get dozens and dozens of definitions.

Brother, you ain't just whistling Dixie there. I absolutely hate that this phrase is so common in the law.

Even when it's defined like this:

A phrase frequently used in tort and Criminal Law to denote a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.

It still leaves a lot to interpretation.



Also this phrase from Doug M.:

the local legal culture

...cannot be over looked. Make no mistake, just because it says it in the law doesn't mean the jury will interpret it verbatim. Just look a the 2A and what we have to deal with that.