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Thread: Concealed carriers - question about laws of shooting someone

  1. #1
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    Default Concealed carriers - question about laws of shooting someone


    I've always wondered this...

    I understand that laws change from state to state, but I'm curious of everyone's input. I also understand that no situation is clear cut and there are a lot of factors (how much the police believe you, witnesses, quality of lawyers, the judge, etc)

    So anyways, some situations are clearer than others....if someone pulls a gun on you and you draw your weapon and fire back, that's understandable...so is if someone breaks into your home.

    My question is, suppose you were walking down the street, carrying a concealed pistol in your waistband. A guy comes up behind you and starts harrassing you, demanding your wallet or he's going to kick your @#@#$@ . He never clearly shows you a firearm...

    You draw your weapon and tell him to back off.....he charges at you and starts to swing fists at you....could you shoot? Would you have to wait for him to land a punch? Even if he did land a punch, is punching you considered lethal force & endangering a life?

    That's one of the biggest things that bothers me about the idea of a carrying......lawsuits and jailtime if you shoot in self defense.

    EDIT: I assume a CCW class would teach you the legality of shooting
    Last edited by ekim22; 01-14-2010 at 10:06 PM.

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    In each state that issues Cocealed Carry Permits they have training classes and handbooks that clearly define the rules for self protection or protection of others.
    The best way for you to get your answer would be to go on line under the state you are most concerned with and search for their concealed carry permit rules and read them. Even being in the right leaves you open for a law suit under certain conditions. The criminal has the upper hand in todays courts, sad to say.

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    Your local CCW class will go into the particulars of the laws in your state. I am no lawyer (thank goodness) , but was a cop in TN for 8 years, and hold a TN carry permit. I can tell you that, in most states, justification for the use of any form of deadly force rests on the ability of the person using the force being able to show that he/she was in "imminent danger of death or serious bodily injury. That said, if the guy who was about to punch you in the face looked like Pee Wee Herman, you might be in trouble... if he looked like Brock Lesnar, you could probably convince a jury!!!

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    here in TN you have to prove 3 things: intent, ability, fear.

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    Quote Originally Posted by Jeepster04 View Post
    here in TN you have to prove 3 things: intent, ability, fear.
    He## ...I'm scared of just about everybody these days...does that count..??
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    No class here in Indiana, you just go get checked out and fingerprinted, sign a few things and your permit will be in the mail. Its all to about 30 min. and a around 100 bucks and I have my CCW for life. As far as laws go, if it gets to the point where the gun has to be fired, I don't think at that point lawsuits and jailtime matter. It would take a lot for me to fire at someone, but if I did, my life or my families life would be in danger.
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    Quote Originally Posted by Locator79 View Post
    No class here in Indiana, you just go get checked out and fingerprinted, sign a few things and your permit will be in the mail. Its all to about 30 min. and a around 100 bucks and I have my CCW for life. As far as laws go, if it gets to the point where the gun has to be fired, I don't think at that point lawsuits and jailtime matter. It would take a lot for me to fire at someone, but if I did, my life or my families life would be in danger.
    $100 Here in Alabama it's $20 and about 10 minutes and the CCP is in your hand. But we have to renew every year.
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    it's around 200.00 here in missouri depending on which county. also an 8 hour class with range time. as far as your question i believe you have to believe you or your family's life is threatened.

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    Default I have had mine a long time

    In VA you fill out your papers at the Clerk of the court office....VA State Police does a background check & the local law enforcement does the finger printing. No classroom..

    The last time I renewed it was $15.00 and renewable in 5 years..
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    Quote Originally Posted by ekim22 View Post
    I've always wondered this...

    I understand that laws change from state to state, but I'm curious of everyone's input. I also understand that no situation is clear cut and there are a lot of factors (how much the police believe you, witnesses, quality of lawyers, the judge, etc)

    So anyways, some situations are clearer than others....if someone pulls a gun on you and you draw your weapon and fire back, that's understandable...so is if someone breaks into your home.

    My question is, suppose you were walking down the street, carrying a concealed pistol in your waistband. A guy comes up behind you and starts harrassing you, demanding your wallet or he's going to kick your @#@#$@ . He never clearly shows you a firearm...

    You draw your weapon and tell him to back off.....he charges at you and starts to swing fists at you....could you shoot? Would you have to wait for him to land a punch? Even if he did land a punch, is punching you considered lethal force & endangering a life?

    That's one of the biggest things that bothers me about the idea of a carrying......lawsuits and jailtime if you shoot in self defense.

    EDIT: I assume a CCW class would teach you the legality of shooting

    You are legally obligated to try to remove yourself from the situation if at allpossible. This means trying to get away from the person. If that is not possible, then you are allowed to defend yourself.

    One punch can kill a person. If you draw your weapon and the person continues toward you, you would have no choice but to use the weapon. Heaven forbid they disarm you.

    The most important thing to remember is to attempt to remove yourself from the situation. Basically, don't go looking for a fight and you will have the law on your side. The other problem you are going to run into is that the rules for civil litigation is going to hurt you worse than the criminal side will. If you shoot the aggressor, they more than likely will sue you (or the family of the person will sue you) in civil court. Then you are going to be out a chit ton of money on lawyer fees and what not.

    But, the old saying of being tried by 12 vs carried by 6 applies here.
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