Legal Question


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limbaughfan
August 12, 2006, 06:01 PM
I saw a question about is it legal to shoot a guy trying to take your car if he has a gun.Well I live in a state that has stand your ground laws that pertain to the car,now here is my question.Lets say someone is trying to pull me out of my car to steal it but I dont see a wepon and I shoot the guy in the head,is that legal.

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Malum Prohibitum
August 12, 2006, 06:13 PM
Wow. That depends on a whole lot of factors. Just some little unarmed guy tugging on your beefy arm while your are seatbelted in your car, the engine is running, and the street is clear?

Are you serious?

Or, in the middle of a "Rodney King South Central LA" riot where a guy has you halfway out of the car and the crowd is gathering with bricks in hand?

Are you serious?

:eek:

limbaughfan
August 12, 2006, 06:17 PM
yes,and wouldnt you shoot a guy trying to pull you out of your car I would.Just becuase I dont see a wepon doesnot mean he is not a threat

Chawbaccer
August 12, 2006, 06:23 PM
If you fear for your life of bodily injury shoot the sob.

limbaughfan
August 12, 2006, 06:25 PM
so true

Cosmoline
August 12, 2006, 06:31 PM
As a general matter you're safe shooting if you are faced with imminent and unlawful deadly force. If someone is trying to grab you in your car seat, drive off.

Don Gwinn
August 12, 2006, 06:54 PM
Just for future reference, a question is what you post when you have not determined the only acceptable response in advance.

Malum Prohibitum
August 12, 2006, 07:57 PM
+ 1

:rolleyes:

HankB
August 12, 2006, 08:18 PM
One instance of armed response to an unarmed attack when seated in one's car may be found if you google "Gordon Hale" and "Kenny Tavai."

Here's one link: http://www.chron.com/content/chronicle/page1/96/03/21/nobill.html

Hale, the shooter, fatally shot an unarmed Tavai when the latter started punching his head through his open window. A grand jury no-billed the shooter - a proper decision, given the circumstances.

It happened in Dallas, and may be the first instance of a defensive gun use by a holder of a Texas Concealed Handgun License after CHL legislation was enacted.

benEzra
August 12, 2006, 11:30 PM
If he is obviously unarmed (i.e., he's using both hands to try to pull you out) and it's clear ahead of you, STEP ON IT. He'll have to let go, or start looking like Superman flying in formation with your door handle.

The question could arise, how is it that he managed to get hold of you and try to pull you out? If you left your window down and your door unlocked and an unarmed guy grabs you by the arm, that's a different scenario from a guy who smashes your window with a tire iron, or who has some other weapon in his hand.

tepin
August 13, 2006, 09:18 AM
drive away. i drive with windows up, air on and doors locked. i dont have an extra 100K to pay an attorney.

HankB
August 13, 2006, 09:33 PM
If possible, drive away. (In the Hale/Tavai case I mentioned above, Hale was blocked in by traffic.)

My father told me a story about one of the women - secretary, receptionist, something of the sort - where he worked, decades ago, who had a "close encounter" - not actually a carjacking, but close enough . . .

Basically, early AM in Chicago on a major arterial street, the woman stopped at a light and a guy reached in through her partially-open window to snatch her purse. She hit the power window switch and floored the gas.

Guy stayed on, screaming & cursing the whole time . . . she kept the gas floored, and at 60 or 70 MPH she opened the window and the guy fell off. (Without her purse.)

Last she saw, looking in her rear view mirror, the guy was bouncing along the road like a rag doll until he hit a parked car or lamp post or something.

She kept going. She didn't report it, as - this being Chicago, and her being white - race would have been THE issue.

She discontinued using that route for quite some time, and AFAIK, never spoke to anyone except my father about it.

Point is, if you're not blocked in by traffic, your motor vehicle is an excellent weapon. Use it!

45crittergitter
August 15, 2006, 11:08 PM
If I understand our new law correctly, in MS the required legal presumption is that a carjacker, armed or not, is attempting serious bodily harm or worse, and lethal self defense is justified (in the absence of contrary evidence). So legal, yes. Advisable? Maybe.

YOUR STATE LAWS MAY VARY.

Lennyjoe
August 16, 2006, 10:29 AM
Hit the gas and drive away. You have a 2,800lb self defense weapon strapped to your backside. Use it to your advantage.

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