"Protection of others" law in MS

"Protection of others" law in MS

This is a discussion on "Protection of others" law in MS within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; ...What code do I find such in for Mississippi? I saw this mentioned in another thread & it got me curious. I saw similar things ...

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  1. #1
    Member Array EMP9's Avatar
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    "Protection of others" law in MS

    ...What code do I find such in for Mississippi?
    I saw this mentioned in another thread & it got me curious. I saw similar things mentioned in the MS code a while back, like maybe in a section about justifiable homicide, but I can't even find that now.
    My husband is always giving me "what if..." scenarios. And I usually answer that I'll only shoot if it's me, him or our son that is in immediate danger. But I'm not sure about other situations:
    Like if we're in a restuarant eating & a crazy man pulls a gun on the waitress. She is a close friend but not family...so do I shot him or not?


  2. #2
    Senior Member Array TheGreatGonzo's Avatar
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    Closest thing you will find in MS code...


    MISSISSIPPI CODE OF 1972
    As Amended

    SEC. 97-3-15. Homicide; justifiable homicide.

    (1) The killing of a human being by the act, procurement, or omission of another shall be justifiable in the following cases:


    (a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court;


    (b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty;


    (c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped;


    (d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice;


    (e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling house in which such person shall be;


    (f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;


    (g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;


    (h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace.


    (2) As used in paragraphs (1)(c) and (1)(d) of this section, the term "when necessarily committed" means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm.


    (3) As used in paragraphs (1)(c) and (1)(d) of this section the term "felon" shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the penitentiary.


    SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (2); 1857, ch. 64, art. 168; 1871, Sec. 2631; 1880, Sec. 2878; 1892, Sec. 1152; 1906, Sec. 1230; Hemingway's 1917, Sec. 960; 1930, Sec. 988; 1942, Sec. 2218; Laws, 1983, ch. 382, eff from and after January 1, 1984.
    "Skin that smokewagon!".

  3. #3
    Senior Member Array Rigrat's Avatar
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    Does Mississippi now have the Castle doctrine law ? While we are on the subject of Ms.

  4. #4
    Senior Member Array TheGreatGonzo's Avatar
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    Quote Originally Posted by Rigrat View Post
    Does Mississippi now have the Castle doctrine law ? While we are on the subject of Ms.

    Yes.


    97-3-15. Homicide; justifiable homicide; use of defensive force; duty to retreat.








    (1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:





    (a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court;





    (b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty;





    (c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped;





    (d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice;





    (e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;





    (f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;





    (g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;





    (h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace.





    (2) (a) As used in subsection (1)(c) and (d) of this section, the term "when necessarily committed" means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm.





    (b) As used in subsection (1)(c) and (d) of this section the term "felon" shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the Penitentiary.





    (c) As used in subsections (1)(e) and (3) of this section, "dwelling" means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch;





    (3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties;





    (4) A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1) (e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.




    (5) (a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.





    (b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1) (e) or (f) of this section. A defendant who has previously been adjudicated "not guilty" of any crime by reason of subsection (1) (e) or (f) of this section shall be immune from any civil action for damages arising from same conduct.








    Sources: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (2); 1857, ch. 64, art. 168; 1871, 2631; 1880, 2878; 1892, 1152; 1906, 1230; Hemingway's 1917, 960; 1930, 988; 1942, 2218; Laws, 1983, ch. 382; Laws, 2006, ch. 492, 1, eff from and after July 1, 2006.
    "Skin that smokewagon!".

  5. #5
    Member Array Biloxi Bersa's Avatar
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    Quote Originally Posted by Rigrat View Post
    Does Mississippi now have the Castle doctrine law ? While we are on the subject of Ms.
    Although the text in the OP does not show the changes, Mississippi Senate Bill 2426 was signed by the governor and went into effect July01,2006. You can get a look at by going to http://billstatus.ls.state.ms.us/doc...9/SB2426SG.pdf

  6. #6
    Senior Member Array Rigrat's Avatar
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    Thanks for the replies.

  7. #7
    Distinguished Member Array kelcarry's Avatar
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    Hey Y'all: In SC and some other states, assisting others is referred to as the "alter ego" rule. You can assume for your use of deadly force that someone else, who is under the threat of imminent bodily injury or even death. is you and not the other person. Only problem here, which has been mentioned in other posts, is that when you come across such a situation, you can never be sure what is really going on and whether it is the perp or the victim or even an undercover LEO who is being attacked or is the attacker. Without ALL the facts you could cause more trouble for the situation and yourself.

  8. #8
    Member Array EMP9's Avatar
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    Thanks for the help...this site is great!

  9. #9
    Senior Member Array dsee11789's Avatar
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    (g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;
    Whats this mean?

    It doesn't say public officer. Does it mean citizens arrest?
    Exodus 22:2 "If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed"

  10. #10
    Member Array LethalStang's Avatar
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    Im staying out of this one.
    Quote Originally Posted by rottkeeper View Post
    If you are living your life worried about being a victim all the time and not enjoying life to the fullest, you are already a victim...
    -You don't know what you don't see-

    1*

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  11. #11
    Member Array Pete14's Avatar
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    This sounds like a Seinfeld episode!

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