Is it legal to fire in self-defense at a family member with a gun?
September 6, 2010
Step-mother yielded a broken glass bottle the other day and slashed my dad. He went to ICU and is still in the hospital. I am wondering, provided I have a legal gun permit, would I be able to shoot my step-mother in self-defense if she was going to assault me?
And what if she was attacking another family member of mine? Could I use a gun/taser to protect them legally? Do gun laws apply to the taser?
Thanks.
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3 Responses to “Is it legal to fire in self-defense at a family member with a gun?”
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You have to fear death or great bodily harm to you or someone else in a place you legally have a right to be, and providing you did not start the altercation, before you can use deadly force on anyone. Under the scenario you gave, yes, you could use deadly force. Being put in ICU at a hospital would be consider at least great bodily harm. If she came at you or someone else after attacking your Dad, would be more reason you used deadly force.
Of course this is all after the fact, I would think this woman would be in jail now with a charge of assault with a deadly weapon, and couldn’t harm you or your family at this time.
No, gun laws do not apply to tasers. Hope this helps.
Yes, in any state….
Some states require you to retreat if possible but if she is using deadly force then you are authorized to do so as well so long as you didn’t start the fight in all US jurisdictions.