ghettoperson
Member
+1,943|7074

There isn't really much for debate here, I just wanted to know a few things. I suppose it will turn into a flame war anyway. I was wondering, in the States if you have a conceal and carry permit, I think it's called, and someone tries to mug you and you shoot and kill them, what happens to you in court? Do they still prosecute you, or to a much lesser extent as you were defending your self? Would it be the same if you were shot at, and shot back and killed them? What about if someone breaks into you property and you kill them?

Try to stay vaguely on topic.
=MCHD= arush5268d
Member
+46|6926|Houston, TX
Here's the law in Texas, as in many other states.

If someone breaks into your house at night, you can shoot first and ask questions later.  Use of deadly force is authorized, and you will not even go to jail...as long as your story matches up.

If you hace your CHL (Concealed Handgun License)...you are justified in using your firearm as long as you can justify your actions, and they are in accordance with the law.  If you shoot someone that just asking if he can bum a smoke, then you are in deep caca.  But if someone comes after you, and you feel like your life is in jeopardy, then you are good to go.

There have been a couple of posts on here about people flaming / wishing death upon a cop who shot someone that was 15 feet away from him and armed with a knife.  If someone  that is armed with a knife is 15 feet away from you charges at you, he can sink that knife into your chest before you have time to draw & fire your pistol....just something to think about.

And before anybody gets on a flamespree here....Washing D.C. is the murder capitol of the U.S.  Yet, handguns are illegal there.  So no, Americans having guns does not contribute to crime!  There's tons of ways to kill people without a gun, and banning guns only harms the honest people in society - the crooks, thugs, rapists, and murderers will always get guns and other weapons.
RedTwizzler
I do it for the lulz.
+124|6962|Chicago

ghettoperson wrote:

There isn't really much for debate here, I just wanted to know a few things. I suppose it will turn into a flame war anyway. I was wondering, in the States if you have a conceal and carry permit, I think it's called, and someone tries to mug you and you shoot and kill them, what happens to you in court? Do they still prosecute you, or to a much lesser extent as you were defending your self? Would it be the same if you were shot at, and shot back and killed them? What about if someone breaks into you property and you kill them?

Try to stay vaguely on topic.
Most of these laws vary by state, but here's what the norm is, as far as I know.

If you were mugged, and the mugger physically attacked you, you are allowed by law to fight back in self-defense. If he is killed, you can plead self-defense in court. If that actually succeeds, however, depends on the circumstances. If you were shot at, and you returned fire, you would almost definetly get off on a self-defense plea (if it were an armed attacker, not a gang fight or something like that). If someone breaks into your property, you are allowed to fight back, (this is where the specific state comes into play). However, if you kill him outright, you may do time. If an intruder is in your home, the proper, federally-sanctioned course of action would be to exit the home and call authorities. However, if your life is in danger, you may fight back in self-defense.

Essentially, that's what our gun laws are founded on: self-defense.

Hope this helped.

Last edited by RedTwizzler (2006-12-24 06:24:51)

=MCHD= arush5268d
Member
+46|6926|Houston, TX
To touch up on what I said...generally the laws state that if you can get away, then get away before you use deadly force.  However, you do have the right to protect yourself, your family, and your property.
QuadDamage@U
Member
+6|6767|Florida, USA
As a real world example, I have a friend who has a concealed weapons permit and he has used his gun 3 times.  He worked for as a manager in a pizza delivery shop in a bad part of town and they got robbed often.  He was also somewhat unlucky because he was on duty nearly every time they got robbed.  In each case the robber(s) ran in, jumped the counter, and started pushing people around demanding money.  In one case the attacker did not even have a gun, but he pretended to be holding a gun in his sweatshirt pocket.  In the end of all 3 cases the robber(s) were shot by my friend and either ran out the door screaming, laid on the floor screaming, or died instantly.  No charges were ever filed against my friend.  The police did not give him any trouble.  He never had to go to court or get a lawyer.  He just told them his side of the story for the record and things continued as normal. 

As long as the story makes sense (i.e. not a murder or drug deal gone bad cover up) the US justice system and law enforcement aren't going to pity the criminal.  It's possible that the criminal or his family could file a law suit, but they would probably lose in cases like this.

BTW: My friend quit working for the pizza place after the 3rd incident which was the worst of the 3.  He has a nice safe office job now.
Retalliation[1337]
Robin Hood ---> "u got arrownd"
+51|6899|Belgium

QuadDamage@U wrote:

As a real world example, I have a friend who has a concealed weapons permit and he has used his gun 3 times.  He worked for as a manager in a pizza delivery shop in a bad part of town and they got robbed often.  He was also somewhat unlucky because he was on duty nearly every time they got robbed.  In each case the robber(s) ran in, jumped the counter, and started pushing people around demanding money.  In one case the attacker did not even have a gun, but he pretended to be holding a gun in his sweatshirt pocket.  In the end of all 3 cases the robber(s) were shot by my friend and either ran out the door screaming, laid on the floor screaming, or died instantly.  No charges were ever filed against my friend.  The police did not give him any trouble.  He never had to go to court or get a lawyer.  He just told them his side of the story for the record and things continued as normal. 

As long as the story makes sense (i.e. not a murder or drug deal gone bad cover up) the US justice system and law enforcement aren't going to pity the criminal.  It's possible that the criminal or his family could file a law suit, but they would probably lose in cases like this.

BTW: My friend quit working for the pizza place after the 3rd incident which was the worst of the 3.  He has a nice safe office job now.
Didnt someone say to stay vague about it just an innocent remark
Hurricane
Banned
+1,153|7055|Washington, DC

If some guy tried to attack me and I had a gun, I'd shoot him then teabag him.
Turquoise
O Canada
+1,596|6830|North Carolina

ghettoperson wrote:

There isn't really much for debate here, I just wanted to know a few things. I suppose it will turn into a flame war anyway. I was wondering, in the States if you have a conceal and carry permit, I think it's called, and someone tries to mug you and you shoot and kill them, what happens to you in court? Do they still prosecute you, or to a much lesser extent as you were defending your self? Would it be the same if you were shot at, and shot back and killed them? What about if someone breaks into you property and you kill them?

Try to stay vaguely on topic.
It really depends on the state, the jury, the judge, and your lawyer.

In North Carolina, you'd likely get off without a punishment.  We're pretty understanding of self-defense here.
sfarrar33
Halogenoalkane
+57|7043|InGerLand

QuadDamage@U wrote:

As a real world example, I have a friend who has a concealed weapons permit and he has used his gun 3 times.  He worked for as a manager in a pizza delivery shop in a bad part of town and they got robbed often.  He was also somewhat unlucky because he was on duty nearly every time they got robbed.  In each case the robber(s) ran in, jumped the counter, and started pushing people around demanding money.  In one case the attacker did not even have a gun, but he pretended to be holding a gun in his sweatshirt pocket.  In the end of all 3 cases the robber(s) were shot by my friend and either ran out the door screaming, laid on the floor screaming, or died instantly.  No charges were ever filed against my friend.  The police did not give him any trouble.  He never had to go to court or get a lawyer.  He just told them his side of the story for the record and things continued as normal. 

As long as the story makes sense (i.e. not a murder or drug deal gone bad cover up) the US justice system and law enforcement aren't going to pity the criminal.  It's possible that the criminal or his family could file a law suit, but they would probably lose in cases like this.

BTW: My friend quit working for the pizza place after the 3rd incident which was the worst of the 3.  He has a nice safe office job now.
why do our police suck so comparatively?

ok so i live in the county with one of the worst police forces in the country but still
example of my local police force sucking balls:
i got assaulted by a random guy for a reason still unknown to me, though he is known about the town as a complete meathead so noone was seriously surprised, i have to wait a week to see a policeman about it, then i have to wait a further month for the police to turn up and interview him and then that was it.

he was not fined, arrested, or even made to give a formal apology, just told that if he did it again he would go to jail, yes he had 3 offences against him in the past but had still avoided jail.

to summarise: a known criminal commits ABH on a minor and simply gets told not to do it again

oh i then got told if i take any form of retalitory action i face 6 months in jail (it would be jail now as i'm over 16 now)
DesertFox-
The very model of a modern major general
+796|7109|United States of America
Contrary to popular belief, this is not the Wild West. If someone insults you, you cannot walk up to them in a bar and shoot them in the back of the head citing self defense.
Parker
isteal
+1,452|6819|The Gem Saloon
as a responsible gun owner, you must keep yourself out of situations in which you might get mugged.
the fact that people have to ask that just tells me of the ignorance that surrounds this discussion.
if you do have a CCW permit and someone mugs you, you give them everything in your pockets. chances are that if they are mugging you, they have a weapon of some sort, like a gun or knife.
you would not have time to draw your weapon and fire before being attacked with said persons weapon.
i have a CCW permit, and if im stupid enough to draw my weapon in a situation that does not call for it then i deserve whatever punishment they decide.

unfortunatly too many people watch the movies and then make assumptions about their own local gun laws.
jonsimon
Member
+224|6920

Parker wrote:

as a responsible gun owner, you must keep yourself out of situations in which you might get mugged.
the fact that people have to ask that just tells me of the ignorance that surrounds this discussion.
if you do have a CCW permit and someone mugs you, you give them everything in your pockets. chances are that if they are mugging you, they have a weapon of some sort, like a gun or knife.
you would not have time to draw your weapon and fire before being attacked with said persons weapon.
i have a CCW permit, and if im stupid enough to draw my weapon in a situation that does not call for it then i deserve whatever punishment they decide.

unfortunatly too many people watch the movies and then make assumptions about their own local gun laws.
QFE
RedTwizzler
I do it for the lulz.
+124|6962|Chicago

Parker wrote:

as a responsible gun owner, you must keep yourself out of situations in which you might get mugged.
the fact that people have to ask that just tells me of the ignorance that surrounds this discussion.
if you do have a CCW permit and someone mugs you, you give them everything in your pockets. chances are that if they are mugging you, they have a weapon of some sort, like a gun or knife.
you would not have time to draw your weapon and fire before being attacked with said persons weapon.
i have a CCW permit, and if im stupid enough to draw my weapon in a situation that does not call for it then i deserve whatever punishment they decide.

unfortunatly too many people watch the movies and then make assumptions about their own local gun laws.
You have a good point, but the question wasn't "Should you try and retaliate if you're mugged?", it was "If you shoot someone who mugged you, can you be tried in court?"
jonsimon
Member
+224|6920

RedTwizzler wrote:

Parker wrote:

as a responsible gun owner, you must keep yourself out of situations in which you might get mugged.
the fact that people have to ask that just tells me of the ignorance that surrounds this discussion.
if you do have a CCW permit and someone mugs you, you give them everything in your pockets. chances are that if they are mugging you, they have a weapon of some sort, like a gun or knife.
you would not have time to draw your weapon and fire before being attacked with said persons weapon.
i have a CCW permit, and if im stupid enough to draw my weapon in a situation that does not call for it then i deserve whatever punishment they decide.

unfortunatly too many people watch the movies and then make assumptions about their own local gun laws.
You have a good point, but the question wasn't "Should you try and retaliate if you're mugged?", it was "If you shoot someone who mugged you, can you be tried in court?"
The answer to which is yes. And it is possible you will lose if you cannot provide evidence you were acting in self-defense.
SEREMAKER
BABYMAKIN EXPERT √
+2,187|6993|Mountains of NC

I have CWP (concealed weapon permint ) in NC and I am a instructor for the course - I have had to draw my weapon on a few occasions - the perp kept his hand in sweatshirt pocket resembling a gun or chances he might have had a one but in NC you can branish a weapon but until use of deadly force is authorized you can not point the gun at anyone ----- I unholstered my glock 26 kept it by side but in the light so he could see what I had and told him to leave the area - he turned and ran
https://static.bf2s.com/files/user/17445/carhartt.jpg
lowing
Banned
+1,662|7076|USA

ghettoperson wrote:

There isn't really much for debate here, I just wanted to know a few things. I suppose it will turn into a flame war anyway. I was wondering, in the States if you have a conceal and carry permit, I think it's called, and someone tries to mug you and you shoot and kill them, what happens to you in court? Do they still prosecute you, or to a much lesser extent as you were defending your self? Would it be the same if you were shot at, and shot back and killed them? What about if someone breaks into you property and you kill them?

Try to stay vaguely on topic.
Sad to say, the verdict would depend on how much money you have and who is liked better, the prosecution or the defense attorney. Truth and justice have very little to do with the law in the US.
Reciprocity
Member
+721|7005|the dank(super) side of Oregon
If someone tried to mug you, you pull a gun and they run away, and you shoot them in the back, you will go to prison.  If someone holds a knife to your wifes throat, and you put a bullet in their face, you will most likely not go to prison. If someone tries to break into your house and you shoot them while they're outside, you may go to prison.  If you shoot someone inside your home, they had better be facing you, and they better have a weapon, or you may go to prison, and his family may sue you claiming that he was drunk or high, and confused about which home was his.  Now days, you're probably putting youself in more danger when you legally carry a handgun.


With our terrible justice system, not only should you be ready to be prosecuted criminally for defending yourself and your property,  you will also be sued by the scumbag or his family for assault or wrongful death.
Even if you are vindicated criminally, they'll still sue you, and possibly win.
|=-sL-=|.Cujucuyo.
Member
+26|6808|California
California is the crappiest place regarding gun laws because:

*Magazines of more than 10-rounds are illegal.
*CA legal assault rifles must have the magazines welded and fed through the top of a receiver with a stripper clip.
*Concealed permits are a hassle to get.
*You can't buy a handgun until 21 but you can purchase a rifle or shotgun at 18.
*.50's are banned (but we get the new .416... that is until democrat anti-firearm pussies want to ban them).
*Class 3 firearms are barely allowed with the proper license.
*Short shotguns are illegal.
*etc. etc.

Yeah we're pretty much screwed. But at least we have the "shoot first ask questions later" law regarding someone breaking into your property.

https://i24.photobucket.com/albums/c18/p_ventura18/CM532.jpghttps://i24.photobucket.com/albums/c18/p_ventura18/a323_thumb.gif

Last edited by |=-sL-=|.Cujucuyo. (2006-12-24 12:39:56)

Elamdri
The New Johnnie Cochran
+134|7071|Peoria
In both cases, solong as your being assaulted, your justified. Even then, if your worried, you can just say the attacker threatened you by saying he had a gun. Its pretty much your word vs his, and he's dead (Assumingly).
|=-sL-=|.Cujucuyo.
Member
+26|6808|California

Elamdri wrote:

In both cases, solong as your being assaulted, your justified. Even then, if your worried, you can just say the attacker threatened you by saying he had a gun. Its pretty much your word vs his, and he's dead (Assumingly).
Or seriously mutilated in some cases...

About that 'he had a gun'... errr... don't you think they would search him? A better way of saving your skin is to say "I feared for my life" or "I feared for the safety/lives of my family/family members", thing is, if he's a criminal and he means harm to others, then he/she should die!

Last edited by |=-sL-=|.Cujucuyo. (2006-12-24 22:20:30)

Elamdri
The New Johnnie Cochran
+134|7071|Peoria

|=-sL-.Cujucuyo. wrote:

Elamdri wrote:

In both cases, solong as your being assaulted, your justified. Even then, if your worried, you can just say the attacker threatened you by saying he had a gun. Its pretty much your word vs his, and he's dead (Assumingly).
Or seriously mutilated in some cases...
I would also take "persistant vegatative state"

Pretty much anything that prevents him from communicating.

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