View Single Post
Old October 5, 2012, 11:32 PM   #128
Spats McGee
Staff
 
Join Date: July 28, 2010
Location: Arkansas
Posts: 5,019
Quote:
Originally Posted by fullsize only
. . . . If you fire to stop a thug during or after he has committed a violent felony, you can engage. That's the law where I live. . . . .
Quote:
Originally Posted by fullsize only
There are situation where shooting out a tire is legal, maybe not a robber, but in certain situations. And shooting a warning shot in the air DURING a crime in progress not just for fun, is justifiable. And as for the bullet coming down, myth busters killed that one. People, there are situations where all of these actions are justifiable, if done With a crime in progress. I don't know where you live, but in arkansas, during a violent crime all of the so called irresponsible actions that you speak of, is justifable during a crime in progress. Research your laws, it may be legal for you to stop a violent act as well. And not just on yourself.
I've edited a few parts for emphasis. I gather from the above posts, fullsize only, that you live in Arkansas. sigcurious is correct. Arkansas Code Annotated 5-2-607 covers the use of deadly physical force in defense of a person. I've copied and pasted it for your convenience.

Quote:
5-2-607. Use of deadly physical force in defense of a person.

(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:

(1) Committing or about to commit a felony involving force or violence;

(2) Using or about to use unlawful deadly physical force; or

(3) Imminently endangering the person's life or imminently about to victimize the person as described in § 9-15-103 from the continuation of a pattern of domestic abuse.

(b) A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety:

(1) (A) By retreating.

(B) However, a person is not required to retreat if the person is:

(i) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or

(ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or

(2) By surrendering possession of property to a person claiming a lawful right to possession of the property.

(c) As used in this section:

(1) "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and

(2) "Domestic abuse" means:

(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or

(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.

HISTORY: Acts 1975, No. 280, § 507; A.S.A. 1947, § 41-507; Acts 1997, No. 1257, § 1; 2007, No. 111, § 1; 2009, No. 748, § 2.
A few other statutes could come into play, but I'm not convinced that they're relevant here. In the first of the above-quoted posts, you stated that it is legal to "engage" after somemeone has committed a violent felony. That's wrong. Take a look at 5-2-607 above. It includes "committing" and "is about to commit." It does not include "had committed" a violent felony. Nor have I ever seen an Arkansas case holding a shooting justified where the person shot "had committed" a violent felony, or any other crime, for that matter.

As for warning shots and shooting tires, I am unaware of any Arkansas law that even addresses those things. If you're aware of any Arkansas statute that even mentions them, I would appreciate a citation. Otherwise, whether any of them would be justifiable . . . well, that's what we call a "jury question."

I would, however, agree with the statement that anyone wishing to carry a firearm should research the laws in his or her jurisdiction.
__________________
A gunfight is not the time to learn new skills.

If you ever have a real need for more than a couple of magazines, your problem is not a shortage of magazines. It's a shortage of people on your side of the argument. -- Art Eatman
Spats McGee is offline  
 
Page generated in 0.04848 seconds with 7 queries