How do I locate state law, RE: use of deadly force?

This is a discussion on How do I locate state law, RE: use of deadly force? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by jongle .....But to me, the downside of not knowing could be so catastrophic that spending a few bucks to consult a local ...

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Thread: How do I locate state law, RE: use of deadly force?

  1. #16
    Senior Member Array Chevy-SS's Avatar
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    Quote Originally Posted by jongle View Post
    .....But to me, the downside of not knowing could be so catastrophic that spending a few bucks to consult a local lawyer is money well spent. .............

    I would think the states would make this info easy to find and comprehend????????????



    Sample questions that come to mind:

    • If 3 BG's corner me, but show no weapons, do I have right to shoot?


    • If a lone BG threatens to kill me, but shows no weapon, do I have right to shoot?


    • If a BG is raping someone, do I have the right to interfere, using deadly force if necessary?


    • If 2 BG's are mugging (and beating) an older lady, do I have the right to interfere?


    -------------------------
    'Be careful, even in small matters' - Miyamoto Musashi

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  3. #17
    VIP Member Array ELCruisr's Avatar
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    I can't emphasize enough to talk with a lawyer who practices in this area. I did and it opened my eyes to the reality of how the law is being applied. Just because I had read the laws did not mean I understood them and how the current crop of prosecutors and judges were applying them. It can be worth every dime and some lawyers will even talk for a few minutes free.
    If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good. ~ Thomas J. Watson, Jr.

  4. #18
    Senior Member Array Gary Slider's Avatar
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    Handgunlaw.us Has the Links

    Go to Handgunlaw.us and click on "All State Laws" in the left column. When the list comes up scroll down to your state and look at the alpha/neumeric code for the laws you are wanting then click on your states name and it will take you to that states Statutes. Look up the Law code and there you have it. Very simple.
    Stay Safe,
    Gary Slider

    Co-Owner Handgunlaw.us

    Member Armed Citizens Legal Defense Network

  5. #19
    VIP Member Array friesepferd's Avatar
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    its most likely hard to find clear laws for your state b/c they probably dont exist
    laws are written terribly and its often how they have been interpreted in previous cases that is important.
    what a pain
    Wo die Notwehr aufhört, fängt der Mord an
    (Murder begins where self-defense ends)
    Georg Büchner

  6. #20
    Senior Member Array Gary Slider's Avatar
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    Law on Self Defense

    Go to This Link and buy the book by Massad Ayoob "In the Gravest Extreme." This book explains the laws on self defense that apply in all states.

    In short the perputrator must have the ABILITY to cause you death or grave bodily harm.

    The perputrator must have the OPPORTUNITY to apply the ability he possesses.

    The Perputrator must place you in JEOPARDY. That means the perputrator must be acting in such a way that a reasonable and prudent man believed he was going to suffer death or grave bodily harm. The thing is the Prudent Man is the Jury.

    You also must have done everything possible to deescalate any situation you are in. If you do anything to escalate the situation it is not self defense. You must retreat if retreat can be done safely.

    Yes I know there are laws that say you don't have to retreat. But those are not in force in all states.

    Ayoobs Book is worth a lot more than you will pay for it. Be advised that the sections on Handgun and ammo selection are dated but the iinfo on self defense and the law will be as relevent when we are using Phasers as it is today. I highly recommend it and I highly recommend LFI 1. There is also an article link at Handgunlaw.us in the left column titled: "Use of Force." This is a good article that explains self defense. It is worth the read.
    Stay Safe,
    Gary Slider

    Co-Owner Handgunlaw.us

    Member Armed Citizens Legal Defense Network

  7. #21
    Member Array Biloxi Bersa's Avatar
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    type (your state) code into your browser and it should provide a link to your state laws and regulations. You might also search for your state legislature/assembly or the official web site of your state government.

  8. #22
    New Member Array Lepomis's Avatar
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    I am not a retired or practicing attorney. However, with the expansion of CCW laws in our country, I would think each state should should make answers to all these, and related, questions accessible ... somewhere. I'm about to collect my CCW for my state and I'm certain a lot of those questions will be answered. Yet on forum after forum across the Internet these same questions come up from people that have their CCW. If states are going to issue CCW there should be a source where the potential holder of a CCW can ask a germane question and get a definitive answer. In the concerns of CCW, I've already asked many questions and received ambiguous answers from the various instructors from whom I may acquire my CCW. I am hesitant to proceed until I understand the details of the law regarding what happens if my CCW right goes ugly and I employ deadly force. "Well, let's see what the courts say" is a bit scary.

    I'm a newbie to CCW but 57 years of age and as I make this decision I have a lot of questions and get vague answers.

    My take so far is that if deadly force is employed, by me, the court has to sort it out.

    I've read my state's statutes regarding same and while I consider myself and intelligent person I still can't tell when, if I chose to pull the trigger, if I am defending or aggressive.

    Point being ... if a state is going to issue CCW, shouldn't they also make things "perfectly clear" as best they can? And provide way easy access to that information? Shouldn't anyone accessing their CCW right never receive a "dunno" for an answer?

  9. #23
    Senior Member Array Chevy-SS's Avatar
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    Quote Originally Posted by Gary Slider View Post
    ....There is also an article link at Handgunlaw.us in the left column titled: "Use of Force." This is a good article that explains self defense. It is worth the read.
    Nice article, thanks
    'Be careful, even in small matters' - Miyamoto Musashi

  10. #24
    Member Array ispcapt's Avatar
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    Quote Originally Posted by Lepomis View Post
    However, with the expansion of CCW laws in our country, I would think each state should should make answers to all these, and related, questions accessible ... somewhere.
    Every state does. Every state's statutes is published here.
    GUIDE TO LAW ONLINE: U.S. States and Associated Jurisdictions
    You just have to dig thru it to find whatever statute it is you need.
    The danger with laymen trying to do their own legal research is they don't know where to look, many have difficulty understanding what they're reading, and far too many want to place their own uninformed interpretation on a statute to fit their own personal needs / beliefs.
    183 FBINA

  11. #25
    Member Array varmonter's Avatar
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    I think i found vermont.


    The Vermont Statutes Online
    Title 13: Crimes and Criminal Procedure
    Chapter 53: Homicide
    2305. Justifiable homicide


    § 2305. Justifiable homicide

    If a person kills or wounds another under any of the circumstances enumerated below, he shall be guiltless:

    (1) In the just and necessary defense of his own life or the life of his or her husband, wife, parent, child, brother, sister, master, mistress, servant, guardian or ward; or

    (2) In the suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary or robbery, with force or violence; or

    (3) In the case of a civil officer; or a military officer or private soldier when lawfully called out to suppress riot or rebellion, or to prevent or suppress invasion, or to assist in serving legal process, in suppressing opposition against him in the just and necessary discharge of his duty. (Amended 1983, No. 23, § 2.)

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