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Thread: Are there any laws and/or case law supporting this?

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    Are there any laws/case (anywhere in the US) that apply immunity to a person if that person is carrying a firearm, whether open or concealed, in a location where it is prohibited by law and that person uses their firearm in a lawful act of self-defense against a deadly threat?

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    Immunity or privilege, do you mean? IANAL Self-defense is a privilege against various prohibitions.

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    Doug Huffman wrote:
    Immunity or privilege, do you mean? IANAL Self-defense is a privilege against various prohibitions.
    Either-or, really.

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    Regular Member Marco's Avatar
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    Don't have time to research it now.
    I believe Illinois has a law on the books that allows one to escape prosecution for carrying a firearm if they had to us it in a defensive situation.
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


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    Campaign Veteran deepdiver's Avatar
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    I am not aware of any place that would offer automatic immunity although I have heard tell of some places where a documented threat, such as a threat against one's life, would be grounds for an affirmative defense against an illegally carried weapons charge. MO has some such protection I recall from the statutes, but I would have to look it up to verify it's exact nature which I don't have time for at the moment.

    The year before the CCW statute passed in MO we had a local man who drew a CC firearm in a bar subsequently shooting and killing another man who had been threatening him with severe physical injury or death when the other man walked in and drew on him. The local paper reported that the county prosecutor reviewed the police reports documenting the threats of violence or death, weighed the man's self-defense claim, and declared the shoot justifiable self-defense and opted not to prosecute for the CC weapon. I read other news stories over the years from MO of similar self-defense with an illegally CC firearm wherein the shoot was determined justifiable SD and the CC matter not pursued due to documented threats against the LAC.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    http://www.legis.state.wi.us/statutes/Stat0939.pdf
    939.48 Self−defense and defense of others. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself. (2) Provocation affects the privilege of self−defense as follows:


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    Doug Huffman wrote:
    http://www.legis.state.wi.us/statutes/Stat0939.pdf
    939.48 Self−defense and defense of others. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself. (2) Provocation affects the privilege of self−defense as follows:
    Privilege of self-defense.

    I know that its most likley poorly worded lawer-speak. . .but having those two words used together makes my blood boil. It's a right. . .heck, a primal instinct; not a "privilege."


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    I believe Lousiana has a law making the act of killing a carjacker justifiable homicide, but I don't know if that just covers the victim or includes the witness killing the carjacker. Don't have time to verify right now, I gotta get back to the hospital to see dad and make sure he eats super.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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    http://en.wikipedia.org/wiki/Bernhard_Goetz

    This covers NY but gives you an idea of what to expect inother states.

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    http://findarticles.com/p/articles/m...s_/ai_19722932

    I checked. Looks like it is only an occupant of the vehicle being carjacked that canqualify to commit justifiable homicide against a car jacker.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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