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Old March 25, 2010, 03:44 PM   #59
OldMarksman
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Join Date: June 8, 2008
Posts: 3,915
Quote:
Posted by AYAAYAS: I won't say what you did was the right thing, but I respect folks that make an attempt to protect their property.
I'm not sure what protecting property as to do with it. The OP stated that he was concerned for his own safety and for that of his family:

Quote:
I was still under the impression that they were firing a real gun at my house and family, and at that particular moment I was within 30 or 35 feet of them.

I was absolutely positive that I and my family were being fired on by a larger caliber than what was actually being used.
Whether he could have successfully mounted a defense of justification, had he fired, is open to question; we can only speculate on the layout (relative positions and distances), where he was standing, what other reasonable persons would have assumed from the sound of the BB gun, whether he could successfully make the case that the use of deadly force was immediately necessary, etc. I am skeptical, but I was not there, I do not know what the BB gun in question sounds like, and I will not judge.

The other question is whether it was wise for him to go outside. There's not only the aspect of how that action might affect his defense of justification, but there are the risks of being injured or killed by the perps, whether or not he was armed, or, had he been seen holding a gun, of being shot by another citizen or by arriving first responders who had been summoned by a neighbor.

In most circumstances, and in particular in circumstances involving a residential area, it is far better to stay inside.
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