The Law & Use of Deadly Force

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Thank you Jeff22. I looked further into my former neighbor's case & learned that he fired his gun into the air several times to try to scare away the stepson. I also found out that the stepson has a criminal record but don't know whether or not he's a violent person. My former neighbor (he moved away) is now under house arrest until 2024. He was not locked up in jail probably because he is so obese that he cannot move from his bed or wheel chair w/o assistance. The stepson was the one who called 911 & reported the step father to the police.
Based on this new information it appears that firing the gun, even if intentionally into the ceiling of the house was enough to turn what was originally a victim into the perpetrator. Things make more sense now but nevertheless the line continues to seem extremely fine.

Warning shots are generally a bad idea because they undercut the rationale for using lethal force --"I was in fear for my life so I fired a warning shot or two to scare them off." Well, the prosecutors say, If you actually were afraid for yourself, you would have tried to shoot the galoot instead of wasting time firing in the air."

That action smacks of trying to intimidate someone else using the possibility of lethal force to cause them to comply. Admitting to trying to scare someone away by shooting is indicating that you did not believe lethal force was needed at that moment for that person. This is where legal training comes in to recognize the do's and don'ts of using force in self defense that addresses the laws in your state or other places that you may travel with a firearm.

Lawyers, btw, are always quite a bit cheaper if you see them before you have a problem rather than relying on them to get you out of a legal mess. Like anyone, they sometimes have less busy times and one could do far worse than consult one for 30 minutes to one hour that specializes in self defense before something happens. At least some of the lawyers that I know, actually enjoy hypotheticals and questions from honest clients. And good trial attorneys, almost always, are some of the better story tellers out there that can apply the law to your specific hypothetical facts to give you a plain language lesson in the law.

Smart people consult lawyers before they die on estates, wills, and such, or consult them on tricky property law or business law issues. Thus, consulting one on self defense should be right up there on one's priorities as how much is your freedom worth to you and your family. A lot of lawyers will refer you to another if they are too busy at the time as most of them know the competition. Most attorneys in trial practice know each other in the region so even a civil litigator might be able to refer you to a lawyer specializing as well.

I do know that the ACLDN has a list of attorneys doing self defense law by state and I suspect that some other state level firearms groups do as well and possibly the USCCA (don't know much about them). Sometimes, in the absence of any other possible leads, find a lawyer that has defended police officers in officer related shootings of suspects in news stories and make a cold call.

Second, you are responsible for every bullet that you shoot and a shot in the air outside could and has in some cases came down and injured/killed some poor sod minding their own business some distance away.
In a stick built home, a bullet shot into a wall or ceiling could also exit the premises doing something similar but at a bit less range. This is primarily a firearms training and ammo issue in that you should recognize what will stop a bullet and what won't and use ammo that is designed to stay in the bad guy and be of lesser danger to others via ricochet, over penetration, overly powerful, or even being plugged to act like a fmj bullet.

That is my perspective anyway. Good on you for trying to find out what information is out there before making a decision to carry or not. It is an awesome responsibility .
 
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