Good evening! I found this forum on a Google search while trying to find some information on gun laws in Michigan. Hopefully you will be more helpful than Google has been!
My boyfriend owns a gun, primarily for use in self-defense situations, and we live in the same apartment. My question is this: since I do not own the gun (it is in his name), am I legally allowed to shoot it if I am in my home? Obviously if the situation arises I won't hesitate to use it to protect myself, but I am curious whether I'm allowed.
Thanks in advance and have a good evening.
G'day mate. :bier:
My better half didn't have expirience with guns before she came over, and isn't all that enthused about them, but she doesn't limit me from playing with them.
The question you're asking is, from what I gather, one concerned about the legalities of doing so. I am not a lawyer, and this does not fall within my scope of arrest powers, but I think I can provide some insight to the subject matter at hand. What you are asking is, "Is it legal for me to use my boyfriend's gun to save my life?" From my training, reading, discussion with others and deeply held beliefs, YES!
Even if you were a convicted felon, or other prohibited possessor, you have what is called
"The doctrine of competing harms". While it may be illegal for you to use, own, possess, or fire a gun the greater danger is in being killed. I'm not referring to a prohibited possessor carrying or keeping a gun, but rather of one using what is available in the situation at hand. Also, if the person you shoot dies, don't forget that you have in fact commited homicide. There are cases where homicide is legal. Every self defense shooting where the attacker dies is in fact homicide. It is up to the local prosecuting attorney, investigators and juries to determine if it was in fact justifiable or legal.
My spouse worries more about violating the law in regards to using a gun than most people. I've found that to be a cultural difference, in my many discussions with aussies, both here and there. The key thing is, can you articulate why you did what you did? To get you started I suggest you read Massad Ayoob's book,
"In The Gravest Extreme". It will go a long way to helping you to understand the conundrum of justifiable and legal self defensive matters. If you ever get the chance take his class, as it's well worth the money spent.
If you do end up using your boyfriend's gun, plan on being arrested. Even if you're not arrested, if you plan for the worst you are able to cope with it. I tend to look at things from a "worst case scenario" perspective and make my plans based upon that.
Take care and stay safe,
Biker
