Sam1911
Moderator Emeritus
None of us here do. Not one scrap of it. But the laws are written very specifically for very specific reasons. The only reason a citizen can ever use deadly force (outside of one state which has some limited further contingencies) is to stop an immediate, active, direct, realistic threat to his or her life, or the life of another person (who would be acting within their rights to do the same him or herself).
Revenge, stopping what "might happen later," defending items of property, making sure there aren't any witnesses, and all other reasons for assaulting and/or killing someone are completely UNLAWFUL. Felonies that can carry long-term jail sentences. You really do need to understand the VERY FEW instances where you'd be acting within the law to draw and/or fire your gun at another person. As we say, no one else can see your halo. A "good guy" can become a "bad guy" (criminal, felon, murderer) with one bad decision.
Meaning no disrespect, that's something a lot of people say when they find out they really can't kill another person for trespassing or theft, or some other minor crime. The laws surrounding these issues have been set in the "Western" justice system for many hundreds of years. This isn't NEW stuff, but most folks just have never taken the time to understand it. And TV and movies have been horrible teachers for generations.
And that opinion, if acted upon, would put a "good" person in jail for many years. PLEASE study and understand these things if you carry a gun or keep one at home for defense. Take a class, read some books by self-defense experts. Do whatever it takes to understand the law.
That surely has happened. (It MUST have happened at least once or twice.) But the belief that someone MIGHT do that doesn't change anything about your lawful reasons for self-defense. If they actually DO that, you'll have the same justification to respond with force as when they enacted their first assault. I'd recommend using the intervening time to MOVE. The gun doesn't make you bullet proof and if they're fleeing, your justification is gone.
HOME and SELF-DEFENSE IS NOT A FREE-FIRE WAR ZONE WHERE ANYONE IS DECLARED HOSTILE. You cannot shoot/kill someone unless in that moment they are trying to harm and/or kill you or someone else.
A JURY.
In a self defense case you will have to present an "affirmative defense." That means, NOT innocent until proven guilty. Instead it means, "I did this thing. I shot/killed a man, which is against the law, but I HAD to because of X,Y,Z..." If your affirmative defense matches what the law grants (you were in reasonable, realistic, fear of immediate death at the hands of the person you shot, etc.), and if the jury finds your story believable, your guilt for killing him is absolved. If they do not, you are guilty of some form of criminal homicide.
All you are ever promised is a "fair and impartial" jury. What they think about the 2nd Amendment you can't know ahead of time, and should not have anything to do with the case. It may, of course, in a tangential way, but it won't be at issue in your trial. You won't be judged on the 2nd Amendment. You'll be judged against your state's laws against manslaughter and murder.
Utterly and WHOLLY irrelevant. You are NOT the jury and executioner that will "take them off the streets for GOOD." Your ONLY right in this situation is to stop someone from killing you in this instant.
