Hunting and CC question?

[Yoder]

I've heard of this happening and I was curious about legally defending myself. Say you are dragging out your deer and a guy points his rifle at you and tells you to give him the deer. Reading the self defense laws in PA it's a little confusing. Doesn't is say something about how you are obligated to surrender property to avoid using force. Would you be legal to draw on this guy and shoot since he is threatening your life or would you have to turn over the deer since he didn't say I'm going to kill you? I look at it like the guy is crazy enough to point a gun at you over a deer that should be a good enough reason to shoot him.

[snakeman21]

IANAL, but IMO, once he's pointed a gun at you, he's already put your life in danger. In my book, that is definitely a reason to shoot. However, it may be a hard battle in court.

[HiredGoon]

If his rifle is already pointed at you, would you have time to draw from concealment (you said CC), get a good aim on him and pull the trigger before he squeezes off a round?

[lonehiker]

this is a NO BRAINER, give him the deer !!!

[Yoder]

this is a NO BRAINER, give him the deer !!!

You give the guy the deer and then what? Do you think he would just drag it off and walk away leaving you with a loaded rifle? I could point my rifle at him and say give me the deer back. We could take turns til we get to our trucks.

What I want to know is would you have the right to shoot somebody in this situation. If someone has the drop on you I know you're screwed, but say you had an opportunity? What makes this situation unique is you are both armed and know it. Also a "hunting accident" doesn't hold the same penalty in court so he could just say it was an accident.

[HiredGoon]

This all comes down to your lawyer and the jury.

Sure, you felt your life was in danger and felt you could not not safely retreat so that's why you drew and shot this guy...to stop the threat of him shooting, possibly killing you.

Seems perfectly clear. But, your lawyer has to convince the jury of that.

[busa dave]

I don't see much difference between this situation and let's say you walking down a hiking trail and someone comes from the bushes and demands your wallet at gunpoint. To me it's not the fact that he wants my deer (or wallet) it's the fact that he's pointing a gun at me.

[jcabin]

I don't see much difference between this situation and let's say you walking down a hiking trail and someone comes from the bushes and demands your wallet at gunpoint. To me it's not the fact that he wants my deer (or wallet) it's the fact that he's pointing a gun at me.

Pretty much. Unfortunately plenty of people get injured or killed by muggers just because they like hurting/killing for pleasure, among many other reasons.

Nobody can really tell you what to do, you're going to act on your own instincts as the situation unfolds.

[snakeman21]

I don't see much difference between this situation and let's say you walking down a hiking trail and someone comes from the bushes and demands your wallet at gunpoint. To me it's not the fact that he wants my deer (or wallet) it's the fact that he's pointing a gun at me.

EXACTLY!!! I don't care if he demanded my deer, or my wallet, or for me to pleasure him orally. The point is, he's put my life in jeopardy by pointing his weapon at me, and I am going to do whatever needs to be done to ensure my safety.

[PA-Joe]

I don't think the law says that you have to give up property that you legally own. Only if there is a question of legal ownship then you are obligated to give it up.