Quote:
it is called Prosecutorial Discretion .
|
Discretion? I don't think so.
Virtually every State, without exception, gives citizens the right to defend themselves when certain conditions are met. What State eliminates that right where firearms discharge is NORMALLY against the law? Self defense law trumps firearm discharge statues, I believe.
In States without such pre-emptions by the state, what city jurisdiction ever charged an individual with a misdomeanor when preventing a felony assault on oneself when the shooting met deadly force requirements?
Not a lawyer, but I don't believe cities can make laws governing the use of deadly force, and I don't believe they can take the right away. Of course, some cities restrict the ownership of firearms and can prosecute self defense shootings on the basis of unlawful possession. Even Bernie Goetz had a right to defend himself, but not the right to possess a gun. Don't think illegal discharge entered into it.