Disarm and shoot legalities

[WhiteFeather]

Found this an interesting question, hope someone may have a answer.

Disarm and shoot legalities
Guy Smith
Mon, 17 Sep 2007 20:18:00 -0700

After a recent martial arts class where we were learning how to take a gun
away from an attacker, an interesting question came up and I was unsure of
the answer. Stipulated:



1) A mugger had pointed a gun at you and you were in reasonable fear
of your life.

2) You successfully take the gun from him.

3) You still consider him dangerous though you do not see him holding
another weapon.

4) He is not fleeing.



Can you shoot him with his own gun? My gut instinct is that you would be
charged with aggravated assault at very least. But does the mugger's
immediately previous action and lack of retreat constitute a continuing
threat, justifying lethal force?



Yours in Liberty

Guy Smith

Author, Gun Facts

[EMAIL PROTECTED]

www.GunFacts.info

[rwilson452]

Im not a lawyer and I don't play one on TV. If your that good to disarm the butt head, there is no need to use lethal force. your no longer under a threat of great bodily harm or death. you also have a duty to retreat if you can do so safely. However on the other hand should you break his leg while disarming him that's his tough luck. you were using the minimum necessary force right?

Originally Posted by WhiteFeather

Found this an interesting question, hope someone may have a answer.

Disarm and shoot legalities
Guy Smith
Mon, 17 Sep 2007 20:18:00 -0700

After a recent martial arts class where we were learning how to take a gun
away from an attacker, an interesting question came up and I was unsure of
the answer. Stipulated:



1) A mugger had pointed a gun at you and you were in reasonable fear
of your life.

2) You successfully take the gun from him.

3) You still consider him dangerous though you do not see him holding
another weapon.

4) He is not fleeing.



Can you shoot him with his own gun? My gut instinct is that you would be
charged with aggravated assault at very least. But does the mugger's
immediately previous action and lack of retreat constitute a continuing
threat, justifying lethal force?



Yours in Liberty

Guy Smith

Author, Gun Facts

[EMAIL PROTECTED]

www.GunFacts.info

[MrUgly]

Yah, I'm kind of thinking the same thing. I saw a case where a retired Army Ranger was defending himself against two armed individuals and one was killed. He was sent to prison.

Wait. That was the plot to Con-Air. Never mind.

[crakkajakka15]

1) A mugger had pointed a gun at you and you were in reasonable fear
of your life.


Really..... Reasonable i dont think that would a appropriate word for that situation.

If i disarmed him and he was not fleeing and still trying to fight....2 in the chest.

If a mugger pointed a gun at you and you were carrying... would that be ground to use force....i think so, so what would make a difference if you disarmed him and he was still trying to fight...my 02 cents

[sluggie24]

I would say your best course of action for your safety and legal protection would be for you to "accidentally" discharge his handgun into him while "attempting" to disarm him.

And if you can do that make sure it is on video cause this I gotta see.....

[angus]

IANAL, but as always, totality of facts and circumstances would be what gets dissected by the cops and at the potential criminal and civil trials.

If he's not fleeing, what's he doing? Lying there choking on his blood from your chop to his throat? On his feet and still trying to attack/grapple? How far away is he? Is he reaching into his hoodie pocket for what you believe to be another weapon? Can you retreat without him getting the gun back or bringing a knife or a broken beer bottle or another gun?

[TaePo]

IANAL but I don't think it would be unreasonable to think he was reaching for a backup gun/knife.

[phill]

They did teach you that the only time to try that is when you know that he is going shoot. One of my instructors in unarmed defense would harp on that until H*** froze over.
Our laws here only allow you to continue until the threat is nutrilized.

[Brown-Bear]

I'm gonna say no on that one for shooting him. My concern would be wether or not he grabbed the right wrist. You know like in " grab my wrist, I'm gonna show you something".

BB

[NY Refugee]

Originally Posted by phill

They did teach you that the only time to try that is when you know that he is going shoot. One of my instructors in unarmed defense would harp on that until H*** froze over.
Our laws here only allow you to continue until the threat is nutrilized.

If someone is pointing a gun at me and making a threat then I will assume he is going to shoot me. But of course the only way to be sure is to see if he pulls the trigger.
But then again you can "what if" anything to death when bringing up senarios.