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

vrwmiller

Regular Member
Joined
Feb 23, 2007
Messages
1,043
Location
Virginia, USA
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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?
 

Marco

Regular Member
Joined
Jul 29, 2007
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3,905
Location
Greene County
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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.
 

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
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Southeast, Missouri, USA
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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.
 

Doug Huffman

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Jun 9, 2006
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Washington Island, across Death's Door, Wisconsin,
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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:
 

ChinChin

Regular Member
Joined
May 17, 2007
Messages
683
Location
Loudoun County, Virginia, USA
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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."
 

mobeewan

Regular Member
Joined
Oct 5, 2007
Messages
652
Location
Hampton, Va, ,
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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.
 
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