Shooting in defense of life

[Dingir]

This is more of a hypothetical question.

Suppose there are "threats of death" against you or a family member within your residence.

If the individuals that made this threat attempt to break in to your house or approach you in public with some kind of weapon, would shoot to kill be accpetable?

[Dingir]

My opinion on it is:
If someone that has threatened to kill you breaks in to your house or encounters you with a weapon out in public you are only to assume they mean to kill you.

I say you do what you have to do to defend your own life and those around you who ay also be killed.

[allingeneral]

IANAL!

If someone threatened to kill you, a police report seems to be a good way to document it. If you shoot someone and your defense is "They threatened to kill me three weeks ago", I think you may be fighting an uphill battle if you don't have the threat officially documented.

That said - if you are in reasonable fear for your life (i.e., an immediate physical threat), then defense with a firearm would be appropriate.

[ProShooter]

would shoot to kill be acceptable?

"Shooting to kill" should not be your goal. You shoot to stop the attack.

There is a difference. Totally different mindset.

[davasmith]

Proshooters right. The only time I've ever been told to shoot to kill is in the military. You shoot to stop never kill, unless your hunting.

[ Post made via Mobile Device ]

[SgtBill]

I agree with the above statement's ompletly. You only shoot to stop whatever threat is being used against you.

Such as
The person that has put the threat on you or your family gets in your face and pulls a weapon and you pull your weapon. You get off a shot and hit him or her in the shoulder and they drop the weapon. The threat at that time is over unless they get to pick up the weapon (shame on you) If you kept on shooting untill you killed that person in this case YOU would most likely be charged with MURDER.
Hope y'all see what I am trying to say here.
Bill

[VBshooter]

Even if it takes a whole magazine to stop the threat!

[Dingir]

it does make alot of better sense, as i read somewhere here earlier, be prepared that the attacker might die regardless of where they are shot even the leg.

[TenchCoxe]

Suppose there are "threats of death" against you or a family member within your residence.

If the individuals that made this threat attempt to break in to your house or approach you in public with some kind of weapon, would shoot to kill be accpetable?

I am a lawyer, but this is in no way legal advice and no one is justified in relying upon it.

Now that the legal disclaimer is out of the way, I will say that NO, just because you see the person in public or even if he "attempts" to break into your house, that does not mean you will be legally justified in shooting him - even if he made a death threat a few days ago.

As others have suggested, if in fact someone made a threat to kill your or your family or whatever, I absolutely would report it to the police - fill out a report so there is a record of the incident.

The standard for using deadly force, very generally, is that you are legally justified to use deadly force only if you reasonably believe such force is necessary to prevent imminent serious physical injury or death. So if the guy is breaking in to your house and holding a weapon of some kind and screaming "I'm gonna kill you when I get in there!" and as he's coming through the window he just smashed in, you shoot him, I'd be willing to bet a substantial amount that would be justifiable. It would be reasonable under those circumstances to believe that if you didn't use force to stop the guy, you were in danger of imminent serious physical injury or death.

OTOH, if you're walking down the street and you see the guy four days after he made his death threat, and as he approaches you, he points at you and says, "Remember what I told you four days ago - you'd better watch yourself; it's coming soon," and you shoot him - you're going to jail. It would be unreasonable under those circumstances to believe there was a threat of imminent serious physical injury or death.

[TenchCoxe]

And as others have pointed out, there is no such thing as "shooting to wound" or "shooting to kill."

When presented with a threat, you are shooting to stop that threat, period. If, in doing so, the person gets wounded, but by wounding him, you have stopped the threat (e.g., he falls to the ground screaming and lies there writhing in pain), then the threat has passed and you stop shooting. If he dies as a result, well, that's too bad, but as long as you were justified in reasonably believing such force was necessary, it's legitimate self-defense.

When using force in self-defense, you don't have the mindset "I'm going to kill this guy" or "I think I'll just wound him this time." You are thinking, "I need to neutralize this threat, because if I don't, I'm going to get seriously injured or killed." Once the threat is neutralized, you are no longer justified in continuing to use force. Whether neutralizing the threat results in the attacker being injured or killed is simply whatever happens as a result of you using justifiable force in stopping the threat he had presented.

[Dingir]

And as others have pointed out, there is no such thing as "shooting to wound" or "shooting to kill."

When presented with a threat, you are shooting to stop that threat, period. If, in doing so, the person gets wounded, but by wounding him, you have stopped the threat (e.g., he falls to the ground screaming and lies there writhing in pain), then the threat has passed and you stop shooting. If he dies as a result, well, that's too bad, but as long as you were justified in reasonably believing such force was necessary, it's legitimate self-defense.

When using force in self-defense, you don't have the mindset "I'm going to kill this guy" or "I think I'll just wound him this time." You are thinking, "I need to neutralize this threat, because if I don't, I'm going to get seriously injured or killed." Once the threat is neutralized, you are no longer justified in continuing to use force. Whether neutralizing the threat results in the attacker being injured or killed is simply whatever happens as a result of you using justifiable force in stopping the threat he had presented.

thats great advice. one of those unspoken knowledges, but its always great to actually see it on paper.

[M1A4ME]

None of the shooting to stop stuff means try to shoot the guy in the leg or the arm or the shoulder. shooting to stop means putting the bullets where they as immediately as possible stop further aggressive/life threatening action by the person you shoot. It that person dies then ti was a result of you taking action to stop them from harming you or another person near you.

Sometimes even one or more hits to what appears to be a vital area of the body will not stop someone fast enough so be prepared to shoot more than once. Practcie shooting more than once. Get it in your head/heart that you will shoot till they stop, not shoot once and then wait to see what happens.

[Dingir]

None of the shooting to stop stuff means try to shoot the guy in the leg or the arm or the shoulder. shooting to stop means putting the bullets where they as immediately as possible stop further aggressive/life threatening action by the person you shoot. It that person dies then ti was a result of you taking action to stop them from harming you or another person near you.

Sometimes even one or more hits to what appears to be a vital area of the body will not stop someone fast enough so be prepared to shoot more than once. Practcie shooting more than once. Get it in your head/heart that you will shoot till they stop, not shoot once and then wait to see what happens.

well put once again. These are all things i feel that all people should be aware of if they arent already.
Sometimes you dont even need to shoot, even just pulling the gun out could be enough. I saw this video on youtube about this guys story in a similar situation. he had really good advice.

[Dingir]

Part 1 http://youtu.be/EEHf2c-8sRc

part 2 http://youtu.be/XBTweyjrvrw

great advice from this guy

[Diomed]

"He needed killin'" doesn't really fly anymore.

Whether that's a good thing, I don't even know.