Cummins asked, "Doesn't our duty and legallity of carry allow us to use deadly force to prevent commission of a forcible felony"
From our code, "Deadly Force in Defense of Person: To prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery."
"Deadly Force to Protect Property: To prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery."
I think this is what Cummins was driving at, and the exact wording of
"parallel" code will be very state specific.
Maybe the "No" answer was only to the part of the statement about "duty." But, I read that as applying to permissibility and lawfulness.
That is exactly correct.Quote:
That's a state specific answer.
Some states, not all, allow the use of deadly force in the commission of a felony in which the use of illegal deadly force is imminent...meaning that if someone is about to use deadly force in the commission of a crime, then deadly force is legal to prevent it.
Therefore, shooting a someone in the back that was committing or about to commit a crime with deadly force would be a moot point.
It is entirely dependent on the laws in which that act occurred.
Some states would be OK with it. Others would not. As always, what may be perfectly legal in one state may not be in another state, they is why it is very important to know and understand what is justifiable and when it is justifiable and when it is not.
A crook that got shot in the back while committing a felony in Texas, might see the shooter being somewhat inconvienced by going to the Police Station and giving a report. He might even get to bed late that night.
The same scenario is Massachusetts or Rhode Island would have the shooter placed in jail for a long time, while lawyers are deciding his fate. It he gets an average lawyer,and he mortgages the house, loses his job, and loses his life savings to pay for the lawyer, it still might not be enough to keep him out of jail until he is old and gray.
And yes...there is that much disparity in the laws that deal with deadly force between the various states.
The responses on this forum might be correct...for that state in which the poster lives. The answer might be entirely wrong for a reader one state over. So goes the Internet. That's just the way it is.
Blah blah blah, we can what if this all day. Who knows maybe the punk doesn't like the way you look at him on his way out of the place and shoots you. Undercover cop?ok he should dang well know the risk of his current role. If I have the shot knowing that no one else around me is gonna be hit by that shot except the bad guy, he's done. I know that being an armed citizen doesn't give me a right to be a hero or a guy who thinks he has a badge in his wallet. You came into that place with a weapon pointed into someones face, he made his choice clearly to me that he is willing to shoot people if he doesn't get the money or even if he does. I won't take the chance of the possibility of watching people shot in front of me. I notice people around here on this forum call themselves shepards, a Shepard doesn't just look out for himself, but in most cases puts the sheep(yes the sheep) in front of his life, knowing that they are incapable of defending themselves.
Had to do it
Gomez Addams: You'll have to challenge Pomeroy to a duel.
Uncle Fester Frump: No, I'd rather shoot him in the back.
Morticia Frump Addams: Uncle Fester! That is not the honorable way.
Uncle Fester Frump: I know, but it's the safe way.
Duke not disagreeing it would be state specific but generally you cannot base shooting someone on what he woulda, coulda, shoulda done.
You have to be able to articulate the reason you used deadly force because YOUR life was in danger at that very moment not the fact that someone else did A or B and he "could have" done the same thing.
Again this is generally speaking I am sure there are state statutes that would expand your abilities
At least in SC, things are pretty well spelled out. Alter Ego rule, as stated before, lets you be the person in imminent danger and you can then act accordingly. If the slime has his back to you, that is irrelevant--under Alter Ego, the slime is pointing the firearm at you. All this sounds good on paper but you better be darn sure of what is going on and what is around you if you should decide to discharge your firearm ---ie: you are in line at the bank and the person in front of you pulls out a firearm, points it at the teller and demands money or he will shoot--obvious that Alter Ego will allow you to discharge your firearm being mindful of where your bullet will go; you walk into a bank and there is someone with a firearm and people seemed to be scared--you do not know what has gone on to that point nor do you really know who this person is with the firearm---pull out your firearm and shoot him in the back?--not so sure if you will not find yourself in trouble---imminent danger? where and to whom? Alter Ego?