Answers in Blue.
I am trying to digest the law as fast as i can before i actually begin "open carrying" a weapon.
- Carrying Questions
Can a person OC in a automobile? On persons or not on persons in plain view?
Can a law enforcement officer require ID after you have informed him you are only carrying for self defense and you have not committed any crime or violation?
I'll take a shot at helping. State laws involving firearms do not prohibit OCing in a vehicle. HOWEVER, there are some convoluted WV DNR laws that leave me with the impression that you are endanger of being engaged in unlawful activity if you OC in a vehicle without a CPRL (Concealed Pistol/Revolver License).
Quote from http://www.wvdnr.gov/hunting/laws.shtm
It is illegal to:
Have a loaded firearm or a firearm with an attached magazine from which all shells have not been removed in or on any vehicle or land conveyance or its attachments. You can have a loaded clip or magazine in the vehicle as long as it is not in or attached to the firearm, except for concealed weapons permit holders.
- ROE - Use of force Questions
If another person(assaulter) clearly reaches for a weapon and directs the weapon at me, may i legally disable him by firing a shot before his weapon is pointed at me?
If a person is unarmed but i feel threatened by the person due to size, anger, and rage and he continues to approach me regardless of my warning or show of force , may i shoot the ding a ling in his foot to get his attention? [i would rather not get into a hand to hand fight with my weapon in hand especially if i think i will loose]
Use of force:
Here is the WV Statue of self defense referred to as the "castle doctrine"
It does not go into specifics as far as the offender (bad guy) being armed, or if armed where he is pointing the firearm. Is says:
"if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary."
It's the same outside the home...
But when I advise my family members about the use of force it is pretty much common sense, if you feel like a person is trying to kill you, you try to kill them right back.
there are just too many factors to cover for it to be spelled out...
IMHO if you are defending a shooting and start talking about "I was feeling threatened and decided to try and shoot the guy in the foot to keep him from starting something" you will probably go to jail.
You should not be shooting someone unless you feel like they are going to kill/seriously injure you and they only way to stop them is to kill them....
My 2 cents. I'm not a lawyer.