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Homicide is justifiable when . . .

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  • the_natterjack
    Senior Member
    • Dec 2006
    • 1056

    Homicide is justifiable when . . .

    What the heck does "lawfully suppressing any riot" exactly mean?



    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.
  • #2
    sl0re10
    Calguns Addict
    • Jan 2013
    • 7242

    I've read that before too. Sounds like a throwback to another time / something that you can't do today even though it is in the law. Also there is probably some kind of tie in for 'lawfully suppress' that we don't get. Like did law enforcement put out public calls for assistance in the past to put down riots? I don't know. Not something they'd do today.

    Of course; shooting rioters that are after you is different... than going after rioters...
    Last edited by sl0re10; 11-25-2013, 8:05 PM.

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    • #3
      RickD427
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Jan 2007
      • 9276

      This is kinda a "Throwback"

      Remember that the Penal Code went into effect in 1873 and some of its content hasn't been updated since.

      Our elected leaders seem more concerned with enacting new laws, than in properly maintaining the ones already on the books.

      Up until just recently, the Penal Code recognized a death incurred "in the lawful correction of wife, child, or servant" as being an excusable homicide. That was reported in the media somewhere around five years ago (remember, it had been the law for around 135 years before that) and the law was changed.

      That doesn't mean "open season" in the next riot, please note the element of "lawfully."
      If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30242

        It's one of the reasons why none of the Korean store owners, that used deadly force against looters during the 1992 L.A. Riots, were charged with any type of criminal act.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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        • #5
          hermosabeach
          I need a LIFE!!
          • Feb 2009
          • 19736

          I guess you can look at all of those who died by gunfire in the LA riots... and how almost everyone taken into custody was released... Arrest downgraded to detention.... no prosecution....
          Rule 1- ALL GUNS ARE ALWAYS LOADED

          Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

          Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

          Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
          (thanks to Jeff Cooper)

          Comment

          • #6
            the_natterjack
            Senior Member
            • Dec 2006
            • 1056

            I was reading a "what if" thread over in Survival about a make believe riot with masked rioters armed with bats and Molotov cocktails and my first thought was they wouldn't last long.

            Since it's all make believe I was wondering what would be legally justified.

            While we are at it what does "lawfully keeping and preserving the peace" mean?

            Comment

            • #7
              SWalt
              Calguns Addict
              • Jan 2012
              • 8702

              Originally posted by Quiet
              It's one of the reasons why none of the Korean store owners, that used deadly force against looters during the 1992 L.A. Riots, were charged with any type of criminal act.
              +1

              I kinda like having a legal shield if a mob decides to riot on my street.
              ^^^The above is just an opinion.

              NRA Patron Member
              CRPA 5 yr Member

              "...which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to lawyers themselves. " - Thomas Jefferson

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              • #8
                WyattandDoc
                Senior Member
                • Aug 2013
                • 767

                Originally posted by Quiet
                It's one of the reasons why none of the Korean store owners, that used deadly force against looters during the 1992 L.A. Riots, were charged with any type of criminal act.
                Absolutely false!!!

                They were not prosecuted because their lives were endangered and they were able to justify deadly force. Looting alone is not a justification for deadly force. Fearing for your life while protecting your home or business is.

                Learn the law before you type BS that will get people put in prison.
                Knives don't stab people, cars don't drive drunk, eating utensils don't make you fat and pencils don't mis-spell words.

                Comment

                • #9
                  the_natterjack
                  Senior Member
                  • Dec 2006
                  • 1056

                  Looting vs. rioting, not the same animal.

                  Reading a bit about common law. At one point in England all felonies were capital offenses so you could use lethal force if needed to stop or capture a felon.

                  On the other hand you couldn't use lethal force for a petty misdemeanor crime as the ultimate punishment could never be death.

                  I'm thinking a masked man sneaking down the street armed with a fire bomb during a riot would be a very justifiable shot even if you were not the intended target.


                  Originally posted by WyattandDoc
                  Absolutely false!!!

                  They were not prosecuted because their lives were endangered and they were able to justify deadly force. Looting alone is not a justification for deadly force. Fearing for your life while protecting your home or business is.

                  Learn the law before you type BS that will get people put in prison.

                  Comment

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