two questions about self defense

[efeng9622]

I heard a person can do self-defense only on where he feel his or his family member’s life are in danger, now I have two questions as follows,
1) If someone bring a weapon other than gun come to my house , and point to me or my family member, can I do self –defense ( shoot him) because I feel in danger?
2) If someone brought a gun to my house and hurt or killed my family member and is tring to escape out from my house, Can I still shoot him when I maybe am not in danger? I mean I will not be charged as " over defense" after I did.


Thanks!

 

[Thain]

You will want to check the law as it applies in your location. Virginia's self-defense statutes will be differnt than in the other states. I am not a lawyer, and this should not be considered legal advice in anyway, however I feel I am safe in telling you that: Yes, the generally accepted way that self-defense is defined is "the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger."

In your hypothetical first scenario, where an aggressor is threatening a member of your family, if you were to shoot him you would be able to claim self-defense. In your second scenario, you might have a slightly tougher time of it if the local authorities (DA/Police/Media/Jesse Jackson) decide they want to make things difficult for you...

But in general, if you or somone you care for is in danger of bodily harm, then you may act in self-defense. Basically, appropriate self-defense is judged on all the circumstances. Reasonable force can also be used to protect property from theft or destruction. Self-defense generally cannot include killing or great bodily harm to defend property, unless personal danger is also involved, as is the case in most burglaries, muggings or vandalism.

I highly recommend consulting your local laws, or taking in a NRA personal defense seminar. You should be able to find out the "who's" and "what's" from such a course.

 

[efeng9622]

Thain,
Thank you for replying to my message. You are right, I will go to check the law as it in Virginia but I think you already answered my question. I guess maybe it is difficult to answer this kind of question because 75 people have reviewed it and only one person replied. I apologize for this
and will not ask this kind of question on forum again.

Thanks!

 

[efeng9622]

sorry, I posted twice and erased one.

 

[El Tejon]

Hello, efang. Where did you hear that defense of third parties only applies to family members? I know that Clint Smith of Thunder Ranch makes this statement, but that is his policy, not the law of Indiana, Texas or Oregon (places he has lived).

1. The usually standard for self defense is "what would a reasonable person do under those circumstances"? A mix of objective and subjective standards.

So, you are asking if someone was in your house with a crossbow/spear/broadsword/tiger hook swords could you use deadly force? Well, that depends.

2. Usually, check Virginia, the time frame to use deadly force ends when the aggressor ceases his aggression. However, if it is reasonable to believe that the aggressor (in your case armed with a firearm) will continue to harm others, then usually states permit deadly force to be used.

e.g., the person attacks your house, dodges your return fire, and then runs out the door calling out over his shoulder "I will kill everyone I see and am An immediate threat to the entire community", then, yes, you may have a good self-defense claim there. Otherwise, I'd let him go, reload and call the cavalry if you haven't already.

 

[Black Knight]

Thain is right for the most part. In Virginia if someone threatens you or a family member you are allowed to use the least amount of force necessary to repel the attack. In essence if the attacker just draws let's say a knife you may draw a firearm. If the attacker attempts to use the knife then you may fire. The main thing you need to remember is that you must be in fear of loss of life or serious bodily injury and that the danger to both is iminent (immediate or near immediate). As to the second senario I would say no. If the attacker has stopped and is leaving he has broken off and under the law you are no longer in jeopardy. This is a situation that even cops get into trouble with. The federal case that answers this for Police and essentially Security Officers is Tennessee vs. Garner. A police officer fired at a fleeing suspect that posed no immediate threat to the officer. The U.S. Supreme Court ruled that the officer was negligent due to the fact that the suspect posed no immediate threat and the officer had no way of knowing if the suspect posed a greater threat to society if allowed to escape. So for the second senario I would say just get a good description and turn it over to law enforcement. It is a different story though if the attacker stops and turns toward you and you are in fear of your life. BTW like Thain I'm not a lawyer, however I was a Security Firearms Instructor approved by the Virginia Department of Criminal Justice Services during the 1980's and 1990's.
Things may have changed some since I taught my last class but I don't believe it has changed that much. Good luck and stay safe.

 

[efeng9622]

Hello, efang. Where did you hear that defense of third parties only applies to family members?

El Tejon,
I am sorry because I mean someone come to my house, so I said " family member", I don't know the law about defense of third parties. but I think
that defense of third parties should not only applies to family members.
Thanks!

 

[lanternlad1]

I have two words for all those that believe that they should be able to carry on campus and yet are afraid to:

Civil Disobedience.

Carry anyway. Don't be wary of the consequences of law. Be wary of the consequences of the law-breaking criminals.

Obey the laws when possible. When impossible, don't.

Worked for Gandhi and MLK, it will work for us.

If we sit around and whine and do nothing, nothing will change.

But, lets say, a student with the proper CHL credentials HAD stopped Cho, completely disregarding the law, what would the fallout have been, do you think?

I'd like to find out.

Carry Anyway.

 

[wdlsguy]

You might want to look into the NRA courses "Personal Protection In The Home" or "Personal Protection Outside The Home". These courses should cover your state's self-defense laws (check with the instructor).

http://www.nrahq.org/education/training/basictraining.asp