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Self-Defense Shooting: Duty To Render Aid Afterwards?

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
I was doing a little reading/research into MI Laws and came across a MI Law that requires a person render aid to someone they just shot. Since there is no exclusion for Self-Defense shootings, it appears that a person who acted in self-defense situation and shot someone must render aid to that person (among other things).

The following is the Law - please read and provide comments if appropriate.

DEATH OR INJURIES FROM FIREARMS - Act 10 of 1952 said:
AN ACT to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act.

History: 1952, Act 10, Eff. Sept. 18, 1952

752.841 Firearms; definition.

Sec. 1.

For the purposes of this act the word “firearm” shall mean any weapon or device from which is propelled any missile, projectile, bullet, shot, pellet or other mass by means of explosives, compressed air or gas, or by means of springs, levers or other mechanical device.

752.842 Firearms; discharging; injuries.

Sec. 2.

Any person who discharges a firearm and thereby injures or fatally wounds another person, or has reason to believe he has injured or fatally wounded another person, shall immediately stop at the scene and shall give his name and address to the injured person, or any member of his party, and shall render to the person so injured immediate assistance and reasonable assistance in securing medical and hospital care and transportation for such injured person.

752.843 Firearms; report of injury or death.

Sec. 3.

Every person who shall have caused or been involved in an accident in which a human being was killed or injured by means of a firearm, shall, in addition to complying with the provisions of section 2 of this act, immediately thereafter report such injury or death to the nearest office of the state police, or to the sheriff of the county wherein the death or injury occurred, unless such person be physically incapable of making the required report, in which event it shall be the duty of such person or persons to designate an agent to file the report. It shall be the duty of the sheriff, upon receipt of the report herein required, to transmit the same forthwith to the nearest office of the state police.

752.844 Reports; availability for use.

Sec. 4.

Reports required to be filed under the provisions of this act shall not be available for use in any way in any court action, civil or criminal, and shall not be open to general public inspection, but shall be for the purpose of furnishing statistical information as to the number and cause of such accidents. This act shall be construed to supplement the law of this state with respect to evidence and its admissibility.

752.845 Firearms; injury to person, penalty, suspension of hunting privileges.

Sec. 5.

Any person violating any of the provisions of this act shall, upon conviction thereof, be fined not more than $100.00 and costs of prosecution, or imprisonment in the county jail for not to exceed 90 days, or both such fine and imprisonment in the discretion of the court. In addition to any fine or imprisonment, the court may suspend the hunting privileges of such person for a period of not to exceed 3 years from the date of conviction.

http://legislature.mi.gov/doc.aspx?mcl-Act-10-of-1952
 

stainless1911

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Dec 19, 2009
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Davisburg, Michigan, United States
Good find. I remember reading that.

So, when you shoot a marked gangbanger, a Blood for example, you're supposed to give his boyz your home address?

Smart move.

I think I'll take the misdemeanor, thanks.

416wSwxpqOL_SL500_AA300_.jpg
 

Fallschirjmäger

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Cumming, Georgia, USA
That was the first thing that struck me too, "I'm supposed to give my home address to the mugger and his gang banging friends that I just shot in defense of my life???"

Y'know, that law doesn't exempt law enforcement, at least as written. I wonder how many officers want their home address, with their wives and children in the hands of criminals who may bent on revenge?
 

PDinDetroit

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That was the first thing that struck me too, "I'm supposed to give my home address to the mugger and his gang banging friends that I just shot in defense of my life???"

Y'know, that law doesn't exempt law enforcement, at least as written. I wonder how many officers want their home address, with their wives and children in the hands of criminals who may bent on revenge?

Good point.

We should have exemptions for LEO and Self-Defense Situations.
 

Venator

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Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
Good point.

We should have exemptions for LEO and Self-Defense Situations.

You all missed the 5th amd. issue as well. I don't think it's a good idea to admit to anyone that you shot someone. Also I suspect I will need medical assistance if I should ever shoot someone. Can anyone say chest pain???
 

DrTodd

Michigan Moderator
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Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Wow, good find, I've never seen this. As it was enacted in 1952, I think it made sense...then. Back then, you couldn't transport a pistol many places unless you had a license to conceal, and not many people had one. Noting that part of the punishment was a loss of hunting privileges, I imagine that what the legislators envisioned was a deer hunter accidentally shooting someone. I don't think it even crossed the minds of legislators that it could be used against someone who had shot someone in self defense. I think such a shooting would be protected from the application of this; the self defense law states that you can use deadly force if certain criteria are met. That then negates this law, homicide, etc.

Source: http://legislature.mi.gov/doc.aspx?mcl-Act-309-of-2006
 

PDinDetroit

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SE, Michigan, USA
From the language used, it appears this law was mainly for Hunting Accidents and did not consider Officer Involved and Self-Defense Shootings. From the feedback provided, this law appears in need of change.
 

PDinDetroit

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Location
SE, Michigan, USA
Wow, good find, I've never seen this. As it was enacted in 1952, I think it made sense...then. Back then, you couldn't transport a pistol many places unless you had a license to conceal, and not many people had one. Noting that part of the punishment was a loss of hunting privileges, I imagine that what the legislators envisioned was a deer hunter accidentally shooting someone. I don't think it even crossed the minds of legislators that it could be used against someone who had shot someone in self defense. I think such a shooting would be protected from the application of this; the self defense law states that you can use deadly force if certain criteria are met. That then negates this law, homicide, etc.

Source: http://legislature.mi.gov/doc.aspx?mcl-Act-309-of-2006

The Self-Defense Law does not absolve all responsibilities, just provides an affirmative defense. Example: If I was to shoot in Self-Defense, I could still be held liable for damage to property for the rounds that missed their intended target.
 

Glock9mmOldStyle

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Apr 21, 2010
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Taylor, Wayne County, Michigan, USA
A true nugget of wisdom from a experienced individual.

I took my first CPL class [back then CCW] with General Laney and one of the first things he told the class was {I'm paraphrasing here} was that if you had to use your weapon never shoot to wound, shoot to kill. Sound advice in my honest opinion when your life is on the line.

http://www2.metrotimes.com/culture/story.asp?id=13488
 

malignity

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Oct 9, 2008
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Warren, Michigan, USA
render aid to someone who just tried to do me bodily harm? If I get close to them and they pull a knife and stab me in the femoral artery? okkaayyy then.

I may be certified in first aid, but I'm not helping someone I just shot. If I needed to use my firearm for self-defense, no way will I put myself in harms way unnecessarily to try and help the person who tried to hurt me.
 
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Glock9mmOldStyle

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+1000000000000000000000000000000000000000000000000 000000000000000000000000000000

render aid to someone who just tried to do me bodily harm? If I get close to them and they pull a knife and stab me in the femoral artery? okkaayyy then.

I may be certified in first aid, but I'm not helping someone I just shot. If I needed to use my firearm for self-defense, no way will I put myself in harms way unnecessarily to try and help the person who tried to hurt me.

^
Yep what he said above. ;)
 

scot623

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Eastpointe, Michigan, USA
We've all this movie. The one where the bad looks dead but jumps back to life and attacks again just when the good guy gets close enough to take a look... No thanks. I'll keep my distance, thank you
 

RenegadeMarine

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Location
Fraser, Michigan, USA
I don't see anything in there that says that you must render FIRST AID. What is says is:

"shall render to the person so injured immediate assistance and reasonable assistance in securing medical and hospital care and transportation for such injured person."

The way it sounds to me is a call to 911 would cover it.
 

DrTodd

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Hudsonville , Michigan, USA
The Self-Defense Law does not absolve all responsibilities, just provides an affirmative defense. Example: If I was to shoot in Self-Defense, I could still be held liable for damage to property for the rounds that missed their intended target.

Yes, it is an affirmative defense.
Not disagreeing with you on the liability part, but please cite a source.
 

DrTodd

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I don't see anything in there that says that you must render FIRST AID. What is says is:

"shall render to the person so injured immediate assistance and reasonable assistance in securing medical and hospital care and transportation for such injured person."

The way it sounds to me is a call to 911 would cover it.

Don't think the legislature contemplated 911, nor that people could call right away with a cell.
 

kyleplusitunes

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Aug 12, 2009
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Lennon Michigan, ,
Remember the north Hollywood shooting in the 1990's?

The police let those guys bleed out and their families sued the dept and won because of their duty to render aid.
 
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