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scaryFORDman
February 23, 2006, 07:54 AM
I have a permit to carry by the state of Indiana, my wife has applied for, but hasn't recieved her's yet.
If we were out somewhere, and I was carrying (probably in the vehicle) and a BG took me out, would my wife be legal to grab my weapon and defend herself and the kids?
I think the answer is obvious, but wanted to ask anyway.

cscoios
February 23, 2006, 08:56 AM
Yes, she's not carrying concealed- you are.

scaryFORDman
February 23, 2006, 03:19 PM
Thanks..............I thought the answer was obvious.

KC135
February 23, 2006, 03:36 PM
Probably, however the enforcement and interpretation of the law in Indiana is in the office of the local prosecutor.

If you have an antigun prosecutor, and any even very small taint is associated with the situation, the cost of defense might go up by a bunch.

Ares45
February 23, 2006, 08:53 PM
If you've been shot and are down for the count would your wife stop to think about the legal ramifications? I hope not.

arnie08515
February 24, 2006, 09:15 AM
that's a good legal question. The license to carry is personal to you only and not to your wife. That license does not permit anyone else to carry other than yourself.

If she shot the bad guy without carrying concealed, in other words, removed the gun from you, proceeded to shot the BG without concealing it, then she is not carrying a concealed weapon. Such conduct would probably not implicate your state's CCW law b/c she DID NOT carry a concealed weapon.

Therefore, the issue is decided in terms of your state's right to defend yourself using deadly force. All states allow for deadly force to defend your life. In your wife's case her self defense is justifiablle homocide - no charges.

Its like if you were taken out by a BG and your wife grabbed the tire iron and smashed the SOB's head in totally, oir ran him over with the car several times.

PS - I won't think twice about it - - - just take out the BG and let him rot.

Garand Illusion
February 24, 2006, 10:34 AM
Yup -- there are many juries out there that will look at a grieving middle class wife and mother who picked up her husbands gun and defended herself from the men who murdered him and were trying to murder her and send her to jail.

Actually ... there aren't. No jury is going send that woman to jail, no DA is going to ruin his career by trying to put her in jail. At least in any state where civilian CCW is legal (and I wouldn't be worried elsewhere).

Who knows about civil liability ... but when it comes to protecting life and limb $$ doesn't matter so much.

Hardtarget
February 24, 2006, 07:32 PM
On the other hand...say you and wife are out and stop at the Post Office. You leave your gun in the console. If for some reason it was found by police...she could be charged with carrying w/o a permit because its accessability to her. This is why I've been trying to get my wife to get her permit. I know every state works its law different, thats why I said could. No matter what, I think both should permit up...just makes sense.
Mark.