Defense of others?
This is a discussion on Defense of others? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by wjh2657
"One can always use lethal force to defend a third person, if the third person could lawfully use lethal force to ...
October 30th, 2008 10:47 AM
You may be right about not shooting a rapist.....but would you at least pull him off of her???
Originally Posted by wjh2657
October 30th, 2008 02:59 PM
First I am going to make sure it is a rape, not just a wild date gone bad because a witness showed up. Once determined that it is a rape, I, will find something (other than a gun) that will give an advantage and is on the scene (I didn't bring it with me)and beat the crap out of the guy. But, I am not going to shoot him unless he has a weapon and has shown the desire to use it. Rape at knife point or gunpoint gets into the area of stopping a felon in the act and the law pretty much backs up the shooter. No weapon on rapist means you have to use something less than deadly force. ( According to the U.S. Supreme Court:rape is not a life threatening situation in itself.)
I have stopped many times, and will continue to do so, to help people. What we were talking about primarily is getting into a shooting match to terminate a gun fight between two other parties. The problem enters in that for you to legally help in a deadly force situation, it cannot be a mutual altercation. Then you are just taking sides in a fight. (Probably get charged and sued by both parties or their survivors)
Unless I have full particulars and am 100% sure of the rights and desires of the victim (must be a victim!) I will leave the piece in the leather , clearing leather only if one of them starts shooting at me.
Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.
October 30th, 2008 03:42 PM
In many places (North Carolina for one) a person may use deadly force to prevent their own death, serious bodily injury or sexual assault.
Originally Posted by wjh2657
While I would not simply draw and fire at what appeared to be a rape in progress, If I truly beleived it was a rape, I would draw and use verbal commands. Since I had a reasonable beleif that a rape was in progressm and the victim has the legal right to use deadly froce to prevent a rape, then I am protected from a brandishing charge.
I certainly would not fire until and unless I had more information.
But the biggest question is would I interview? Yes, I would, and I would almost certainly do it with my firearm drawn.
Last edited by tflhndn; October 30th, 2008 at 03:45 PM.
October 30th, 2008 04:08 PM
What are the 4 rules of self defense you should have been taught in class in Minnesota. I'm a MN instructor so I know what they are for MN.
1 - Be a reluctant participant.
2 - Clearly show you had considered retreat and did retreat if possible.
3 - you must fear great bodily harm to yourself OR ANOTHER, or death.
4 - Any use of force must be reasonable.
So can you draw your gun and shoot to protect another person in self-defense? If the situation meets the 4 rules yes.
Must you draw your gun and shoot to protect another person in self-defense. NO! That decision is up to you.
DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.
Certified Instructor for Minnesota Carry Permit
NRA Pistol and Personal Protection Insrtuctor
Utah Permit Certified Instructor
By C hawk Glock in forum Defensive Books, Video & References
Last Post: November 3rd, 2010, 06:24 PM
By rachilders in forum Home (And Away From Home) Defense Discussion
Last Post: July 15th, 2010, 08:37 PM
By Tony Siciliano in forum Defensive Carry & Tactical Training
Last Post: February 6th, 2008, 12:55 PM
By Joey in forum Defensive Ammunition & Ballistics
Last Post: January 1st, 2008, 11:13 AM
By skystud1 in forum Defensive Carry Guns
Last Post: November 6th, 2007, 12:02 PM
Search tags for this page
can physical force be used to protect a 3rd person?
see state v. havican, 213 conn. 593, 600-601 (1990) (concluding that the threat of great bodily harm and the threat of s
third person self defense
what are some elements of defense for someeone who come to the aid of another?
Click on a term to search for related topics.