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What are the appropriate or legal situations where a gun can be used for self defense?

July 15, 2009


Question about legal use of gun in self defense..

Say some person broke into my house at night . . . if I have a handgun, am I allowed to shoot them for self defense?

What if I see some one trying to steal my car in a parking lot or at home? How do police tell the difference between some one killed on purpose by a gun, from self defense?

For example person A is just walking along the street, then person B comes along and shoots person A and they die. Person B wanted to kill person A, but when police arrive person B could say "Oh well they were attacking me, I was defending myself". What happens then?

I'm thinking of getting a gun for self defense but I want to know when I would need to use it and when not too. I know much of it is common sense but I want to know for sure.

Answers in Comments below..

Written by SelfDefenseWatcher · Filed Under Self Defense Q and A 

Comments

12 Responses to “What are the appropriate or legal situations where a gun can be used for self defense?”

  1. Ruben Otero on June 17th, 2009 5:08 pm

    You can only use it to protect your LIFE, not your car. But you need prove that the man you shot was really atempting to harm you

  2. Paul H on June 17th, 2009 5:08 pm

    You need to know the laws in the state in which you live. Wisconsin has some unusual rules, like you are supposed to allow a person to have access to an exit (what's up with that if they broke into my house?), and you can't carry a weapon concealed ANYWHERE – even in your own home (!) – unless you are law enforcement personnel. In just about any state there are really three situations where use of deadly force is considered justifiable in a court of law: 1) to defend your own life if you feel that you are in danger of losing yours (and you might need to prove this in court), 2) to defend the life of another that is in mortal danger and can not defend themselves adequately, and 3) war. "Three" rarely happens in the USA anymore, but if it does and you/we are under attack then you are justified in defending yourself. The details of your state's laws are probably available on the National Rifle Association's website – learn the rules, and if you do decide to buy a firearm take a gun safety class – preferably from the NRA – they are the best and most practical about it. Then ALWAYS follow the rules so you don't shoot somebody by accident – like Dick Cheney did.

  3. riloh keen on June 17th, 2009 5:08 pm

    many laws depend on where you live.

    i HEAR that in texas, it is LEGAL to shoot someone who is agressively trespassing on your property, or trying to break in. of course, i dont know if that's true, but that's one example.

    your best bet is to go to a munitions / gun store, and ask them. nobody knows the law better than them.

  4. ericnifromnm081970 on June 17th, 2009 5:08 pm

    The person in your house: you may shoot unless you’re in a “duty to retreat” state. I don’t think either Carolina is a “duty” state.

    Car theft: Pretty much only in Texas, between dusk and dawn.

    In Backyard: see “duty to retreat”

    For a better explanation visit the NRA-ILA website.

  5. daddy "d" on June 17th, 2009 5:08 pm

    A good rule of thumb is that a gun can used in self defense if (and only if) A. Your body is in danger of physical harm or death
    B. There is no viable escape route without A. happening. In other words, if there is no feasible retreat option.

    If you are considering a handgun for self-defense may I recommend the .45 ACP caliber. There are many good, reliable makes and models out there. Shop around and see what is right for you.

  6. bubbabigmac69 on June 17th, 2009 5:08 pm

    The only time self defence is allowed by law is when your life or someone else's life is in danger. Y cannot protect property with deadly force. A gun is a great idea , but , make sure you only pull it out on someone if you intend on killing them! Deadmen tell no tales.And also I suggest a gun safety class given at almost any shooting range.

  7. lethallolita on June 17th, 2009 5:08 pm

    no…you can not use deadly force to protect your property…but you could if YOUR life was in danger.

  8. dairylandeducator on June 17th, 2009 5:08 pm

    Each state has different laws. Different states have different degrees of allowable force. The best place to get the answer is go to you local police station and ask them. This wouldn't be the first time they hear this question and will likely have some very good advice for you. There are probably even community education programs that you can enroll for just this type of question.

    Bottom line, don't take anything you hear here as the bottom line, talk to your local cop shop.

  9. sarge927 on June 17th, 2009 5:08 pm

    The only time you can legally shoot someone in self-defense is if they break into your house, and that really depends on the laws of your state. Some states (like Michigan) have laws that allow you to shoot first and ask questions later if someone unlawfully enters your house, but many states require that you must have a reasonable perception that your life is in danger. For example, if a guy breaks into your house but you shoot him while he's climbing in the window and his back is turned, that doesn't qualify as reasonable perception of danger. However, if a guy breaks into your house and you see him holding a gun, that usually DOES qualify as reasonable perception of danger.

    P.S.: It's NEVER legal to shoot someone who is trying to steal your car, regardless of where your car is. It's also illegal to carry a handgun on your person unless you have a permit to carry a concealed weapon (EVEN IF the gun is in plain sight) and they're very hard to come by.

  10. usaf.primebeef on June 17th, 2009 5:08 pm

    Most state gun laws stipulate that in order to us deadly force a forcible felony must be in progress. Rape, murder, robbery, kidnapping or burglary are examples.
    But be aware that it MUST be a situation of deadly or serious harm. So if A is coming at B with a swinging garden hose and B shoots A, then B is in trouble. The garden hose will not be considered a violent assault against B.
    See the Florida gun laws at the link provided.
    PS….. "Sarge927" you are wrong, steal my car and see what I do to you….that is 'robbery"

  11. jmminnc on June 17th, 2009 5:08 pm

    I am is NC as well. You can shoot a person in your home as long as you feel (yes feel) endangered by them. If that person has your new TV and running out the door with it you must let them go. There are classes you can take about this and when you can pack it along. It can get sticky if you are a big power man and the person that in in the home is a small teen and unarmed it can change.
    This is just in NC

  12. Tara P on June 17th, 2009 5:08 pm

    A good rule of thumb is you can only defend yourself with the amount of force being used on you anything else is excessive. The use of a gun is considered the use of "deadly force." You can respond to a threat of deadly force with deadly force. If someone is in retreat, you are no longer threatened with deadly force – therefore you would be unable to use deadly force against them and they might be justified (in some jurisdictions) in taking deadly force against you.

    Also, you can not use deadly force to protect property. Don't point your gun at someone to threaten them because this can be considered a crime in itself, in some places it's called reckless endangerment.

    In your hypothetical above regarding A and B, person B would be on the hook for murder unless there was some evidence of attack on the part of A. The government would have to prove that B committed murder, but A would raise the defense of self defense.

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