Using an "Assault Rifle" for SD

[Pro2A]

Would police consider using an "assault rifle" excessive force in a SD situation? What if it really was the first gun I grabbed?

Discuss...

[gnbrotz]

Can you provide a legal definition for an "assault rifle"?

I don't plan on ever owning any "assault rifles", though I would like to have a couple of semi-automatic carbines.

Bottom line: If deadly force is justified, then it's justified. Period.

[RoyJackson]

No "assault rifles" here either, but I do have a nice AR15 which is kept reasonably close at hand.
If you lived in Philadelphia and used such a rifle, I'm sure a whackjob DA would try to use it against you.
It'd be your lawyer's job to ensure that DA fails.
However, I'd use any means handy to stop an intrusion...if it takes that rifle, so be it.

Added: It would probably help if you didn't fire off all the rounds in the magazine...just use enough to stop the threat.

[Pro2A]

Lol... "Big black scary rifles". Basically what Greg pointed out, semi-auto carbines.

Bottom line: If deadly force is justified, then it's justified. Period.

I understand that, but my question is do you think the DA or police will try to push an "excessive force" charge if you used say an M4 instead of a revolver? Can anyone cite any cases where this situation has happened?

[knight0334]

If deadly force is justified, what is excessive then? Since there is no individual levels of dead, and deadly force is what can kill - where is the separation of levels of deadly force?

If you are justified to use your shotgun, 38 snubby, or 1911 - a flamethrower, M1 Abrams, 155mm howitzer or tagging them with a '98 Ford F350 @ 85mph is justified too.

The only way excessive force could be construed is if you injured innocents or damaged others' properties.

[knight0334]

Lol... "Big black scary rifles". Basically what Greg pointed out, semi-auto carbines.



I understand that, but my question is do you think the DA or police will try to push an "excessive force" charge if you used say an M4 instead of a revolver? Can anyone cite any cases where this situation has happened?

There is only one case where any sort of this urban legend has occurred, Arizona v Fish. He used a 10mm handgun and the DA used it to help sway the jury. However he was also found guilty because he wasn't just in his use of force.

[LowFlyer]

According to the Personal Defense TV show, an AR-15 shooting .223 or 5.56 shooting inside of a house is actually better than shooting a 9mm, .40 of .45 cal. The AR's ammo will break up more readily than the other ammo, thus it's less likely the bullets will travel through walls and into the neighbors' homes.

A GOOD defense attorney will use that info to his (your) advantage!

[PaTom]

I would think "excessive force" would only apply if you keep shooting (or striking) the person after the threat has stopped.

Most of the times I can recall when that charge is brought against police, it's for that exact reason.

[pete73]

If deadly force is justified, what is excessive then? Since there is no individual levels of dead

I know this is a serious conversation, but that was funny as hell.

In my world grab what ever is closest to you at the time.