An Oak Park, IL man was the victim of an armed carjacking around 5:45 AM in that Chicago suburb.
Police reported that the victim fired shots at the carjackers as they sped away in his car. One was hit in his left leg and is listed in fair condition. The other was hit in the shoulder and back and was considered in serious condition.
Police also said that the victim has a valid FOID card and concealed carry license.
In my non-legal opinion, he potentially won’t have that concealed carry license for long.
While being faced with two armed attackers would certainly be considered an imminent deadly threat, that window of imminence has closed once those attackers are driving away. The threat they posed is no longer there, and therefore a deadly response is no longer justified.
I think we can safely infer that the victim decided not to go for his own gun while in the presence of the armed teens, as drawing on an already drawn gun is extremely risky. If that was the case, then the outcome shows that he made the right move as the teens drove away without harming him.
Where things could get really dicey for our victim (depending largely, I suspect, on the mood of the County Prosecutor) is how the criminal justice system chooses to look at his actions. While he was certainly a victim, could he then be looked at as an attacker in a second fight he initiated? Could he be charged with reckless endangerment with a firearm? How about 2nd-degree attempted murder?
Please remember that justifiable deadly force can only be employed to defend against an imminent deadly force attack. What deadly force is the victim being threatened with as the teens speed away in his car?
May I suggest that the initial fear of death or great bodily harm was quickly replaced with, “How dare you do this to me?” and the shots he fired were an attempt to stop the teens from “Getting away with this”?
The car was found a short distance from the scene, but I wonder if the holed he put in it, and the potential legal costs will be worth it in the end. Use your gun to defend life, never just stuff.