This is a discussion on Drawing Gun on BG, and he runs away... within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by AzB What if the BG is firing as he's running? would you be in fear for your life or serious injury?...if he ...
Shoot to stop the person from what, exactly?
As you note the threat is running away...And thus no longer in the immediate a threat to you.
So why would you think it proper and moral never mind lawful to shoot the person, as they have clearly changed their mind about being a threat and are fleeing...from you?
Even if in your state it were lawful to shoot the person, which you would need to verify by your own state laws, it still would be morally wrong.
Never mind being very expensive because now you have shot and injured a person which means police, being detained if not temporarily arrested, possibly required to post bond to re-gain your freedom followed by hiring of an attorney ($$$$) to defend your actions in court as well as to mount a defen$e case to justify your actions.
Never mind possibility of exposing yourself to a civil ca$e where depending on state law the person or his descendants & family could sue you for wrongful injury/wrongful death.
Don't think it can happen or go down like that? Think again.
Also what if you maim, disable for life or even kill the person.
A human being.
A human being who in the immediate was no longer a threat to you and had been fleeing as with a changed mind & heart.
You gonna have to carry that to and possibly beyond the grave.
Welcome to the board!
I strongly suggest you review our 'Reference & How To' sub-forum where a number of items and posts have been archived that the membership and/or mods feel are key information for all to know.
Reference & "How To" Forum - DefensiveCarry Concealed Carry Forum
One of those is a thread I'd posted some time ago on just this sort of scenario; http://www.defensivecarry.com/vbulle...ard-times.html
The full thread with original responses can be found here; http://www.defensivecarry.com/vbulle...ard-times.html
Read either on of these and by that the answer to your question per the scenario should become crystal clear.
Bark'n has it right. Most likely the answer is no, however it can vary. I am in the military and change states frequently (and, therefore have to learn a new legal set each time). Every state has their own version of "duty-to-retreat," "castle doctrine" or "stand-your-groud" laws. The best way to answer that question, is to review your local/state laws, case law examples if there are any available, and, if all else fails, give the local sherriff (or who ever issues permits in you area) a call and see if they can point you in the right direction. Calling a lawyer with your question probably wouldn't hurt either.
I also agree with another post suggesting you consider whether it is worth it to kill once the individual is no longer a threat. Personally, all my stuff is insured, so no physical threat, no shot.
A recent real world example of what Duk states as related to hitting a moving target and missing while firing rounds into _public_ air space is the following sad story posted this morning at the G.B.U. sub-area;
An uninvolved innocent across the way and _down range_ of the shot as fired was killed, unintentionally while the person who that bullet was meant for was missed.
The real world with real world results.
I think this is an unlikely situation if you are using the weapon correctly. If your life is in danger, you draw and fire. Immediately. You don't point at the bad guy and say "stop" or some such nonsense.
If your life is not in danger, don't draw and point your weapon at him. Since I person running away is unlikely to be endangering your life, you are unlikely to need to shoot him.
The way the OP was presented I say no. Montana says no. Morally no. If no ones life is in danger when the BG is fleeing, NO.
Blessed be the LORD my strength which teacheth my hands to war, and my fingers to fight. PSALM 144:1
I CLING to my guns and my Bible.
I understand you would be pissed off for the BG breaking in your house int he first place-makes you so mad you want to shoot him no matter what, FLA has the Castle Doctrine so you dont have to retreat and stand your ground . IANAL if you think your lifes in danger while he is shooting back at you while running then you have the grounds to fire back.
We dont have to put up with BG's breaking in our homes the rest of our lives so here in PA we are still fighting for "castle doctrine"on april 27th at the state capital.
Bushmaster XM15 E2S Shorty
Walther P99 .40 S&W
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Remington model 700 30-06
Savage Model 62 .22lr
Who cares what the laws say. Shooting someone in the back as they retreat is just plain immoral.
Proud Lady Blue Dog
Sigh... Yes.. No.. Yes.. No.. It must depend on how the first guy answers the questions. The last time it was if the BG has a gun you must shoot. This time it is if he isn't shooting you must not shoot. So what the hell, do you just shoot your dog and call it a night?