When exactly can you use your weapon in self defense?

[sirrduke2010]

I have canceled this discussion so I can edit it further before I present it.

 

[youseemym&p]

I have canceled this discussion so I can edit it further before I present it.

well in general this is an extremely case scenario dependant question, there are thousands of variables that go into it. federal, state laws, and about umpteen million others so this will be a difficult thread im thinking haha

 

[cmort666]

In Ohio, you can use deadly force when you are in immediate and reasonable fear of life and limb.

Outside of your home or vehicle, you have a legal duty to ATTEMPT to RETREAT. That doesn't mean that you have to turn your back and run away, grovel or beg for your life, indeed to incur one IOTA of additional danger, much less physical harm. You just have to TRY to disengage, if you can do so IN PERFECT SAFETY. If your assailant thwarts that attempt, sucks to be him.

In home or vehicle the standard is the same, except you have NO duty to retreat and have a rebuttable presumption of justification.

If the shooting is justified, neither your assailant nor any other claimants can recover any monetary damages.

 

[681ismyfavorite]

jeopardy, opportunity, ability or intent.

 

[jdh]

It was a loaded question.

 

[tomcatt51]

It was a loaded question.

Yes, and one that should be asked of a good criminal defense lawyer in your state of residence (if you want a good answer) not here.

Just another "what if" from sirduck.

 

[Lost Lake]

You can use your weapon when it is necessary.
If it ain't necessary, leave it holstered.

Notice I said necessary, not legal. It may be legal, but if it isn't necessary you still have to live with your actions.

If it is necessary it will be easy to justify to others and easier live with.

 

[Houdini1953]

I someone breaks into your home after 11:00 p.m. until say six:thirty a.m. and first starts rummaging through your stuff in your home and doesn't belong there (someone you don't know) and when seeing you draws or attempt to draw any kind of weapon, like a knife or machete, or revolver or even a sawed off shotgun then shoot them right then and there if on shot does not do the trick of making them lie down and comply with your demands then shoot a second or even third in case you are quite nervous as hell which you should be then call the ambulance and ask for assistance, do not call the police and tell them hey I just shot an intruder, no let the dispatcher at 911 know there has been a shooting and assistance is needed for the victim (the intruder), the police will show up at the same time or close to it, then explain the situation.

Secure your weapon and have it ready for confiscation because it is now evidence and will sit in the evidence room of the police department, unless the police determine that it was a justifiable homicide or shooting. Do not have your weapon in your hand on on your actual person even if in a holster but in a safe place where it is not readily accessible to you or other members of your family!

 

[Murdock]

I strongly recommend that you enroll in a local NRA Personal Protection in the Home and-or Personal Protection Out of the Home course. There is a legal portion of these courses that must be taught by a lawyer licensed to practice in your state.

Local knowledge of what is legal with respect to self defense is indispensable.

Without meaning to be snarky in any way, your question posed in a chat room like this is like asking "How high is up?"

Please do not depend on chat room responses for something this serious.

 

[Moonman]

+1 for asking a GOOD attorney, one experienced and well versed in SHOOTING law and the second amendment,
not Divorces, DUI Specialists, Wills, Business Contracts, or Personal Injury ambulance chasers.

This is something to look into ahead of time and will take some effort. When you find one you might meet with
him/her to discuss the INITIAL retainer fee ahead of time for that ONE PHONE CALL that you are allowed to make.

They might want thousands of $$$$$ and you would need to keep looking.
When you find one and you're agreeable to their fee, keep their business card with your license.

If the shoot incurs a TRIAL, You will need an Experienced Criminal Shooting Attorney.

Remember, in General that if you are are involved in a shooting, YOU are going to Jail tonight until the facts are straightened/sorted out.

Your firearm will remain as evidence until the matter is completely resolved.

CCW involves being a responsible citizen , CCW use requires the license holder to have reliable competent council.

 

[Lost Lake]

This thread may be Sirduke's most popular one yet, and he deleted it 4 minutes after posting it!