When can you legally shoot someone in self defense?

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asked Dec 13, 2023 in Law/Ethics by longbeachbum (1,640 points)
When can you legally shoot someone in self defense?

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answered Sep 14 by Nabilss (9,580 points)
You can legally shoot someone in self defense if you have a reasonable fear of harm or death from the person that is threatening you or has entered your house or business.

Some states have a stand your ground law which is sometimes also called a line in the sand or no duty to retreat law that states that people may use deadly force when they reasonably believe that it is necessary to defend against certain violent crimes.

Under the stand your ground law people have no duty to retreat before using deadly force in self defense as long as they are in a place where they are legally allowed to be.

You can legally shoot someone on your property if the person is threatening to harm or kill you and you're in immediate danger or your family is in immediate danger.

However you cannot just shoot someone that is simply trespassing or yelling at you or is just there drunk etc but if they are threatening to kill you and show a weapon such as a gun, knife etc then you can legally shoot them if you cannot get away.

You can shoot and kill someone in self defense but only if you have no other option and cannot get away from the person.

For example the person must be threatening to harm you or showing a weapon or coming into your home before you can shoot and kill them.

You cannot just walk out onto your porch or yard and shoot the person for being there even if they threaten you.

You must be in reasonable fear for your life to legally shoot and kill someone and get away with it.

If you have an option to retreat and get away from the danger then you must do that instead.

However if someone advances at you with a knife or stabs you or tries to stab you or points a gun at you then you can legally shoot and kill the person.

It is illegal to draw a gun on someone if you're doing so in a rude, angry or threatening way without any need for lawful self defense.

You can legally draw a gun on someone that is threatening you with deadly harm or serious harm and you have no way to retreat and get away from the threat.

The law on brandishing a firearm states that it's a crime to brandish, knife, firearm or other deadly weapon in a threatening manner or use it in a fight or other way that is not lawful self defense.

You can only display a firearm, pull out a knife or point it at someone if you are really in danger.

The legal definition of brandishing is showing a weapon such as a gun, knife etc or exhibiting the weapon to another person in an angry, rude or threatening manner or using the weapon in a fight or quarrel.

You don't need to point the weapon at the other person to be charged with brandishing a weapon and the other person does not actually need to see the weapon for the crime of brandishing to take place.

It is considered open carry when you carry the gun in the open so that it is visible in public which can be in your hands or sticking out of your waistband etc.

As long as the gun is visible to others it's considered open carry and when you conceal carry the gun is not visible to others.

Depending on the state you live in you may have to register your gun but some states such as Arkansas do not require you to register your gun or firearms.

Also in Arkansas no permit is required to purchase a handgun although a background check is required by a federally licensed firearms dealer for anyone that does not have an Arkansas Firearm permit.

Some states require registration of guns and others don't.

Only the firearms that are subject to the National Firearms Act (NFA) (e.g., machine guns, short–barreled rifles and shotguns, silencers, destructive devices, and firearms designated as “any other weapons”) must be registered with ATF.

Firearms registration may be required by state or local law.

You do need an ID to get a gun in every US state and you much also go through a background check.

When purchasing a gun or firearm at any federally licensed gun dealer you will be required to pass a background check.

However federal law does not address gun sales by unlicensed gun sellers or non dealers who sell guns online or at gun shows.

Illegal possession of a firearm is when a person is in possession of a firearm that should not be such as by a felon.

Criminal possession of a weapon is the unlawful possession of a weapon by an individual.

The illegal possession of a firearm may also be an additional crime if a violent offense was committed.

Unlawful possession of a firearm in the first degree is a class B felony, which RCW §9A.

20.021 defines as punishable by up to ten years in prison, a maximum fine of $20,000.00, or both.

The illegal possession of a firearm can also be the possessing of a firearm by someone who does not have a license to carry the firearm on them and they have it on their person when they shouldn't have.

While there are a number of exceptions, federal law prohibits the possession of firearms with obliterated serial numbers and machine guns manufactured after May 19, 1986.

See 18 U.S.C. § 922 (k), (o).

Federal law does not limit the number of guns a person may buy in any given time period.

However, federal law does require federal firearm licensees (“FFLs”) to report multiple sales of handguns to ATF and other specified law enforcement agencies.

Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms.

The exceptions are California, Maryland, Minnesota, New Jersey, and New York.

The 10 states with the strongest gun laws, in ranking order, are California, New Jersey, Connecticut, Illinois, New York, Hawaii, Massachusetts, Maryland and Colorado.

The states with the least stringent gun laws are Wyoming, Arkansas, Missouri, Kentucky, Idaho, Montana, Mississippi, South Dakota, Kansas and Arizona.

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