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MikeDre
06-01-2012, 12:12 PM
I havent been able to find an answer I feel comfortable enough with to trust to this question, but Im sure its been discussed.

Lets say you were on a drive bringing your gun somewhere to shoot it. Then something required you to access your weapon. For example someone is robbing people at gun point at a gas station you are at.

Would you be able to load your weapon and use it to defend yourself and/or others?
Could you go on the offensive if the robber begins murdering people, but isnt threatening you yet?

Jason P
06-01-2012, 12:48 PM
I AM NOT A LAWYER. Defense of a third person from death or great bodily injury. See CPC 197:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=187-199

BTW, please don't go vigilante. Not saying that's your intent, but on the internet in the year of our zombies 2012 it seems prudent to remind folks about deputizing themselves:)

Jason P
06-01-2012, 12:50 PM
BTW, if you shoot someone in California for any reason, you stand a good chance of fighting charges, and almost certainly being sued since we have no castle doctrine protection. Donate to the NRA and CGF today. Write a scathing letter to CRPA too.

paul0660
06-01-2012, 12:54 PM
It's a fine line.

MikeDre
06-01-2012, 1:05 PM
I AM NOT A LAWYER. Defense of a third person from death or great bodily injury. See CPC 197:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=187-199

BTW, please don't go vigilante. Not saying that's your intent, but on the internet in the year of our zombies 2012 it seems prudent to remind folks about deputizing themselves:)

Right. Its more that I want to know that if I need to defend myself outside of my home that I'm not giving myself up to being a criminal or in jail the rest of my life. That would be terrible.

I'm going to give the text a look over doing my best to get a good idea of it.

Thanks

197. Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein; or,
3. When committed in the lawful defense of such person, or of a
wife or husband, parent, child, master, mistress, or servant of such
person, when there is reasonable ground to apprehend a design to
commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant
or engaged in mutual combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was
committed; or,
4. When necessarily committed in attempting, by lawful ways and
means, to apprehend any person for any felony committed, or in
lawfully suppressing any riot, or in lawfully keeping and preserving
the peace.

Glock22Fan
06-01-2012, 1:09 PM
The police always advise "Be a good witness."

However, few of us have consciences that would permit us to stand by and let innocents be slaughtered.

You will just have to make your own mind up at the time.

However, if you are, and can convince people, up to and including a jury, that you were in genuine fear that someone (yourself, your family or a complete stranger) is/was going to be killed or seriously injured, you would be in the clear legally. However, you might have to prove that in court - criminal and civil.

And be very careful watching for collateral damage. Be very aware of the background.

And, think through many scenarios where you might be mistaken. That young guy with the tats in the 7/11 holding a gun pointing at the middle aged bald white guy might be a robber, or he might be the clerk who has just disarmed the robber who has nothing to lose because he's already lost his job and his wife, and is about to lose his home. Or maybe you have some idiot teens trying to go viral on YouTube with a fake robbery.

I remember one case where a CCW holder intervened when he saw two guys apparently beating up a third, and forcing him into the back of a car. Turned out to be plain clothes detectives making an arrest of someone who resisted. Luckily no-one got killed.

Lugiahua
06-01-2012, 4:04 PM
The police always advise "Be a good witness."


Reminds me the irony (true experience) that some "witness" soon faced the same fate with the victims...

M14 Junkie
06-01-2012, 4:53 PM
[QUOTE]Lets say you were on a drive bringing your gun somewhere to shoot it. Then something required you to access your weapon. For example someone is robbing people at gun point at a gas station you are at.

I would not even entertain thoughts like that.

Would you be able to load your weapon and use it to defend yourself and/or others?


Your best judgement would be to beat feet out of there while calling 911.

Could you go on the offensive if the robber begins murdering people, but isnt threatening you yet?

In this State, any situation involving you shooting someone, even in your scenario, MIGHT not go the way you expect with respect to the law.

As Glock22 implies with his comments, it's a crapshoot here, as to what will happen to you. That's IF the perp doesn't drop you instead of you dropping him, (a distinct possibility).

And when you end up having to defend your actions either in a criminal or civil court, think about the jury pool out there. This isn't Texas or Arizona.

Mostly anti-gun idiots who denounce the use of a gun in any situation.

Hell, in your scenario, with the mindset of people in this State, I could even imagine some of the people you were trying to save/protect as telling the DA, "gee, well no...I didn't think the perp was going to shoot us........and then this guy just came out of nowhere and started shooting."

In this State, that is the more likely outcome of your scenario. Think about that.;)