afishhunter
Basic Member
- Joined
- Oct 21, 2014
- Messages
- 14,456
The rules may vary, but generally you can legally draw a firearm and use deadly force only when you are subject to/afraid of serious injury or death.If I carry a handgun for self defense, and get it out if someone attacks me, doesn't my assailant also have the right to defend herself or himself as soon as I pull my gun? Or is it a case of, "Mom, HE started it!" (That "excuse" never went over well with my parents if I or any of my siblings tried it.)
MOST (but not all) jurisdictions also allow the use of deadly force to protect others. (a LEO who was disarmed by the suspect (it does happen. more than one LEO has been saved by an armed civilian), or a woman or minor about to be raped ... or worse, for example.
The "bad guy" who is threatening with a knife or gun cannot claim "self defense" after he has started threatening you with serious bodily harm or death.
Once the threat is over; either the "bad guy" has been incapacitated and is no longer a threat, OR s/he makes an honest effort to leave, (without firing shots) the threat is over, and you can no longer use lethal force. E.G.: You cannot shoot at him/her while s/he is runniing away; provided they are not still shooting at you.
Disclaimer:
Check your state and local laws for the rules and regulations as they apply to you. The rules and requlations can and do vary by state.
Speak to an attorney if you have questions.
Even if you reside in one of the "Constitutional Carry" states, it would not hurt to get the CCW permit (even though it is not required). The classes cover the relevent laws.
Also, most states have agreements with other states regarding recognizing each other's CCW's.
Being from a Constitutional Carry state does not give you the right to carry while visiting any other state.
Even in the Constitutional Carry states, that right may apply only to Residents. Non residents may be restricted on where they can carry - only outside of cities/towns, for example.
I reside in Idaho. One of the Constitutional Carry states. I don't need a CCW to carry conceiled (or open) in Idaho.
However, if I cross the Idaho border going West, East, or South I would need a standard (no classes, issued upon request) or "super" (classes and qualification (I think it is 200 shots?) using the handgun the person is intending to carry) Idaho CCW to carry while visiting or traveling through that state.
(North is Canada. They don't allow non-Canadians (and very few Canadians, for that matter) to possess a handgun. The Exception might be active military personel on a military base while on duty, IF their MOS required them to have one, and some Federal Law Enforcement Officers?)
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