[Drjones]

This is a serious question.

Suppose a terrorist walks into a mall/school/whatever with an AK/bomb/whatever weapon.

You take him out with your CCW.

He is not a US citizen.

1) Could you be subject to any liability, prosecution, etc?

2) Is our legal system so vile and corrupt that any judge wouldn't immediately throw such a case clear out into the Pacific?


Drjones

[Hkmp5sd]

Where I live, that meets the requirements for use of deadly force in self defense. No legal problems here. Don't have to be a US citizen before someone can shoot you in self defense.

[JeepDriver]

1) Could you be subject to any liability, prosecution, etc?

2) Is our legal system so vile and corrupt that any judge wouldn't immediately throw such a case clear out into the Pacific?

I would hope the the judge would throw it out.

Suppose a terrorist walks into a mall/school/whatever with an AK/bomb/whatever weapon.

But, as with any use of deadly force you better be damn sure your target is intent on doing you or someone else harm. Which could be a problem. The way our legal system is you would have to wait for the target to shoot first, of explode the bomb. :mad:

Like most of us I've spent many hours thinking about the same thing.

[DeltaElite]

Anyone can sue you civilly for anything, whether they win or not is a different issue.

The last thing in my mind at a moment like that would be civil the possibility of civil or criminal litigation.
First and foremost would be to stop the threat, order a pizza and a Coke and wait for my Attorney to make my statement to the po-po. :D

[Standing Wolf]

I'd do what needed to be done: better to do the right thing than nothing, and better, too, to be judged by twelve than carried by six.

[geekWithA.45]

Do One Right Thing After Another.

[amprecon]

Not if your a Montana resident: Montana: terrorists beware! (http://www.thehighroad.org/showthread.php?threadid=17662)

[cool45auto]

If he was obviously a threat with the gun/bomb/whatever then I don't see how you can be charged with anything. The way the legal system is today, though, who knows. :rolleyes:

I'd think you'd be getting a lot of pats on the back from grateful bystanders. Then again the sheeple could see you with your gun after having their heads down from the afore mentioned threat and start pointing at you!:what:

[SquirrelNuts]

In the fine state of Georgia, you need three things to use deadly force.

1) Ability - Does the person have a weapon?

2) Opportunity - Are they close enough to use the weapon?

3) Jeopardy - Have they threatened you with the weapon either by their actions of words?

I am not sure how a bomb would fall into it, but if all they had was a rifle (ability and opportunity) but no threat (no jeopardy) then you would be in the wrong.

-SquirrelNuts

[Jim March]

Pick up your brass, wipe your prints, walk away. When you go home, order a new barrel from Brownell's because the one you've got is in dire need of swimming lessons in the deepest water available.

I'm serious.

There's no legal or moral problem with the shooting itself, assuming this really was what you think it was.

And no, you probably won't be charged.

The problem is, a police report will be filed. Osama Yo Mama's boys will get it eventually. Or it'll get media coverage. Either way, you'll be looking over your shoulder for those SOBs the rest of your life and there's plenty of people within both the law enforcement and journalism communities who'll want it that way.

Nope. Walk away. Yes, there's a bit more risk under the US legal system. But that ain't squat compared to the risk of a bunch of religious fanatics hunting you forever.

[sm]

Meets requirements here, for lethal force.
Jim brings up a good point, ironically no prints on cases, and mags filled using gloves in CCW's. Then I guess I get a new username under the THRWPP.

[dev_null]

My additional concern would be that the perp would be much more valuable as a live prisoner than dead.

-0-

[David Scott]

Around here (Florida) you'd probably get a medal from the Sheriff's Office and a dinner from the VFW. :)

If, as said above, the guy poses a direct, lethal threat to innocent lives, the use of force is justified. My only worry would be a "dead man switch" in the case of a bomb, but what's the odds on that? Like Hkmp5sd, I live in Florida, where the law would be cited as my defense if anyone brought charges.

I really can't see that happening. "You honor, the guy whipped an AK-47 out from under his trenchcoat, pointed it at the fifth-graders and screamed "Die, infidel spawn!", so I percieved he had both the ability and intent to inflict death and/or grievous bodily harm on innocent parties. Under the provisions of Florida Statute S.790, I put a Speer Gold Dot through his forehead. The defense rests." I doubt there's a judge in the state who wouldn't toss the case so far it would bounce three times before vanishing into the swamp.

[4v50 Gary]

Most states recognize defense of others as a legitimate defense against a murder/manslaughter charge.

[Navy joe]

If I killed a terrorist....






I'd want a Ted Nugent looking hunting photo of me with my pistol kneeling next to the formerly misguided martyr. Front page would be ok with me. Don't care if the other slime knows my face, got more bullets. ;)

[Mk VII]

how would you be reasonably expected to know he was a terrorist, as opposed to someone who has decided he doesn't like Mondays and wants to go postal? He's hardly likely to have 'terrorist' written on his forehead.

[Don Gwinn]

Here you'd have to be pretty sure, but the scenario you're laying out--guy walks in with an AK or a bomb strapped to his chest and acts in a threatening manner--would be pretty automatic. In Chicago. . . . . I don't know. A lot would depend on the press and public reaction.

Of course, that would bring up the issue of what happens if a citizen who is not licensed to carry did the same thing. Say an Illinois resident practicing "Fanny Pack" carry manages to get the gun out, get it loaded and stop the threat?

Down here, in a county like Sangamon, Christian, or Champaign, you would probably not be prosecuted, because their DAs have stated that they understand that Fanny Pack carry is legal in Illinois. But if you were up in Cook County, or Dupage, you'd have to assume that Dick Devine is going to prosecute you simply for having the gun on your person. And we already know he'll resort to any dirty trick he can, up to and including accusing you of molesting children when he knows it couldn't have been you, 'cause he's done it already.

However, no one has ever been convicted in a case like that in Illinois to my knowledge. So he'd try, but if you hung tough you would eventually be acquitted.

This is not exactly a common problem. ;) Still, according to our "Hometown Security" chief, we know there are Al Qaeda cells somewhere in central IL. I suppose it's not impossible that one might be at the Capitol on The Day.

[Don Gwinn]

My only worry would be a "dead man switch" in the case of a bomb, but what's the odds on that?

No matter what the odds are, it doesn't seem like it makes much difference. If he's got one, you're screwed no matter what you do, so you might as well shoot him and hope for the best. Of course, IF you could somehow get an indication that he would be willing to negotiate, then shooting him might not be the best course--but if he's not making demands, it's probably too late to worry about it.

[benewton]

A tactical question:

I know a rifle round will set off C4.

Will a pistol round of the 9mm to 45 class?

I might want to start working on some other aim point than COM.

[JeepDriver]

I'd want a Ted Nugent looking hunting photo of me with my pistol kneeling next to the formerly misguided martyr. Front page would be ok with me. Don't care if the other slime knows my face, got more bullets.

That would be cool. :evil:

Stick it in next to pictures of deer, ducks, and rabbits. :D

[Navy joe]

Stick it in next to pictures of deer, ducks, and rabbits.

...down at the general store with all the other pictures of expired wildlife in the back of pick-ups.

BTW- before I get jumped, I should be well known here for not bearing any general ill will towards Arabs or Islamic peoples. I define terrorist as anyone who employs violence to bring harm to innocent people. That could be your bomb-strapped islamic fundamentalist, it could been as pedestrian as the sick person that shoots up a whole office(or city) just to get to his estranged lady love. Don't matter the motivation to me, folks that act that uncivilised are better off dead.

[Sean Smith]

...once it was all over, I'd host a barbecue, and serve only pork ribs, link sausage, and liquor. :D