What would happen

[bradjc72]

What is everyones opinion on what would happenwith this situation. You are walking down the street with your gf, bf, doesn't matter. Car drives up behind you window goes down, and starts firing at you. Its a split second decision because all you feel is being hit, and stinging, so you draw your weapon, and fireback as they drive past and away, and you hit and kill one of them.

Now, the car drives away, stops because you killed him, and you are assessing you and your bf's, or gf's situation to find out that you were not being hit with hullets but rather with a paintball gun. They do sting and hurt and could be miscalculated as a gun shot.

What would happen to you as law abiding citizen trying to protect himself, but you kill someone and all it was is a paintball gun?

[dgg9]

Can't say for sure what would happen. It depends on how good your lawyer is at establishing the "Reasonable Person" test for this incident.

[djturnz]

You have to have reasonable belief that you are about to be seriously injured, killed kidnapped or raped.

I guess it is up to your lawyer.

Is this any different than the police officer that shoots a kid because he points a realistic toy gun at him? Don't most of those officers get off?

[bradjc72]

djturnz, good point, and I think personally think that in that instance that you could get off. All I know is someone has a very GOOD looking gun pointed at you and is firing, and you know that what is hitting you hurts, I think that is justifiable enough to return considering the situation and no time to assess.

[dgg9]

Originally Posted by bradjc72

djturnz, good point, and I think personally think that in that instance that you could get off. All I know is someone has a very GOOD looking gun pointed at you and is firing, and you know that what is hitting you hurts, I think that is justifiable enough to return considering the situation and no time to assess.

Keep in mind that the pure facts of the law are one ingredient. Other ingredients are: the skill of your lawyer; the leanings of the judge; and the jury pool, who will all have been pre-conditioned by shrill "reckless gunman kills unarmed teenager!!!" headlines for months beforehand.

[bradjc72]

I am glad that I started this post, because this is a tricky one that could go a number of ways, and I am interested in hearing peoples opinion on this. I would also be interested in hearing any member/attorney opinions on this as well.

[Zef_66]

What about those airsoft guns? Those things look real. Have someone point one of those at a cop and I would bet in some instances they get shot. So they don't even have to be shooting.

Very good point and its interesting to speculate. I know I wouldn't want to be the one to find out. But I would say, like many, with a good lawyer you could get off with minimal charges. But also depends on previous arrests, character witnesses, jury, reputation in community, etc.

[XD45]

they dont really sound anything alike, not sure how you could confuse the two, even a silenced gun sounds different.....

theres been cases of people pulling out a fake gun on the wrong person, but as for getting hit with a paintball and reacting to the pain with gunshots i feel you'd be in trouble.

[Punisher]

i think you would be justified in shooting back - first, you'd definitely have cause to think that you were in a life threatening situation, second, i would consider a paintball a deadly weapon and i'm sure the law would also - there's a reason people wear protection when playing paintball - those things can be dangerous and when you're being shot at, i don't really think most people are gonna stop and think - "hmmm..... that doesn't sound quite right" - maybe i should wait until i'm laying on the ground bleeding to decide if that's a harmful/deadly weapon.........just my input.................

guarantee if you held up a bank with one and shot someone in there, you'd be charged with assault with a deadly weapon...............

[SteveXD]

I was shot by a bunch of kids with a paintball gun on mischief night about 10 years ago. Believe me if I was carrying they would have been shot. I thought it was a real gun and I’m a paintball player.

I think even if you knew it was a paintball and had no place to take cover you would still be justified in shooting back. A paintball can cause grievous damage to a person (Well if you consider being blinded) and as far as I know that's all you need to fire back.