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  • deephouse
    Veteran Member
    • Sep 2012
    • 3858

    Hypothetical Question

    I tried searching, but dont really know how one would "Title" this other than a "Hypothetical question"... Sorry if this has been asked before.

    Hypothetical Situation:
    1. You legally own a handgun
    2. You do not have a CCW permit
    3. You are going out with your GF/Wife to a bad part of town
    4. Normally you would take your EDC knife, but tonight you take your handgun.
    5. You are at your destination, it's night time.
    6. A stranger approaches you both, pulls out a handgun and attempts to rob you both at gunpoint.
    7. You fear for your GF/Wife's life and your own
    8. You pull out your handgun in self-defense and engage the attacker with 2 shots center mass.
    9. The attacker is down, alive (somehow), and the threat is now "neutralized"
    10. You call 911

    Is this justified self defense? Assume everything happens as described.
  • #2
    intensefab
    Member
    • Jan 2010
    • 249

    Plan on spending some time in jail and a long court battle.
    California, love it or leave it....well after fifty years, sure am glad I left!

    Comment

    • #3
      therealnickb
      King- Lifetime
      CGN Contributor - Lifetime
      • Oct 2011
      • 8932

      OP, probably, but you will still face charges for the concealed weapon at minimum. IMO but I'm not the DA.

      Comment

      • #4
        MLC
        Junior Member
        • Jan 2012
        • 10

        Originally posted by intensefab
        Plan on spending some time in jail and a long court battle.
        That. And even if the use of the gun was legally justified, that doesn't clear you from illegally carrying concealed. May I suggest avoiding said bad part of town in the first place?

        Comment

        • #5
          deephouse
          Veteran Member
          • Sep 2012
          • 3858

          again, just Hypothetical =)

          Comment

          • #6
            Bobio
            Member
            • Jul 2011
            • 351

            Jail time. Loose right to own firearms. K

            Comment

            • #7
              keenkeen
              Calguns Addict
              • May 2011
              • 6782

              Originally posted by Bobio
              Jail time. Loose right to own firearms. K
              This^^^^

              Rightly so...
              "But far more numerous was the herd of such, Who think too little and who talk too much." -John Dryden

              Comment

              • #8
                therealnickb
                King- Lifetime
                CGN Contributor - Lifetime
                • Oct 2011
                • 8932

                Originally posted by Bobio
                Jail time. Loose right to own firearms. K
                Curious what law you base that outcome on?

                Comment

                • #9
                  the86d
                  Calguns Addict
                  • Jul 2011
                  • 9587

                  Originally posted by Bobio
                  Jail time. Loose right to own firearms. K
                  Isn't it just a misdemeanor to conceal-carry w/out a permit?

                  Will you loose that right, post badguy-mortem?

                  Comment

                  • #10
                    therealnickb
                    King- Lifetime
                    CGN Contributor - Lifetime
                    • Oct 2011
                    • 8932

                    Lose.

                    Comment

                    • #11
                      the86d
                      Calguns Addict
                      • Jul 2011
                      • 9587

                      Originally posted by therealnickb
                      Lose.
                      Yes... that.

                      Comment

                      • #12
                        ElDub1950
                        Calguns Addict
                        • Aug 2012
                        • 5688

                        If you're in a good location, likely just have the misdemeanor for illegal CCW after it's been ruled justifiable, but you'll still have all the civil action to ruin your life.

                        Comment

                        • #13
                          Adog5
                          Member
                          • May 2006
                          • 221

                          My question would be should you do #10? Call 911 VS just running?

                          Sounds like it would be better to just run because the law isn't on your side?

                          Comment

                          • #14
                            therealnickb
                            King- Lifetime
                            CGN Contributor - Lifetime
                            • Oct 2011
                            • 8932

                            Originally posted by Adog5
                            My question would be should you do #10? Call 911 VS just running?

                            Sounds like it would be better to just run because the law isn't on your side?
                            Now you are wanted for murder.

                            Comment

                            • #15
                              drkphibr
                              Senior Member
                              • Dec 2010
                              • 2460

                              Originally posted by the86d
                              Isn't it just a misdemeanor to conceal-carry w/out a permit?

                              Will you loose that right, post badguy-mortem?
                              I'm no lawyer and read somewhere (famous last words) that if you are "caught" carrying concealed it is a misdemeanor IF the gun is registered ("registration" being a voluntary thing in CA...at the moment) via the Vol Reg form (link --> http://ag.ca.gov/firearms/forms/pdf/volreg.pdf) but is potentially a felony if you're caught carrying and the gun is not registered.

                              I'm sure someone with more/better knowledge of this will chime in. Bottom line, why put yourself in that situation in the first place?

                              Comment

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