Law question
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  1. Law question

    Unless you been living under a rock we all know what happened in Charlottesville Virginia and the deadly car incident that killed one lady my question can you use your concealed carry firearm to stop someone that's trying to run you over with a vehicle


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  3. Usually a car is considered a deadly weapon when used on purpose to hurt someone. I think the question would be "What happens if I shoot someone that appears to be running me over and it turns out to be accidental?" I also think by the time you think someone is going to run you over, whether you shoot them or not, the car is not going to stop before hitting you. Best to run instead of standing your ground.

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    Quote Originally Posted by daniel804 View Post
    Unless you been living under a rock we all know what happened in Charlottesville Virginia and the deadly car incident that killed one lady my question can you use your concealed carry firearm to stop someone that's trying to run you over with a vehicle
    You apparently do not know the deadly force laws of your state. Maybe you should read up on them as knowing them might come in handy?

    Simple answer, yes! More complicated answer, do you know how a windshield affects bullet trajectory?

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    Quote Originally Posted by WanderingSol07 View Post
    Usually a car is considered a deadly weapon when used on purpose to hurt someone. I think the question would be "What happens if I shoot someone that appears to be running me over and it turns out to be accidental?" I also think by the time you think someone is going to run you over, whether you shoot them or not, the car is not going to stop before hitting you. Best to run instead of standing your ground.
    The intent of the driver is irrelevant, as the victim can not read the mind of the driver. Did the victim has a reasonable fear of death or great bodily harm? That's the only question!

    You may want to watch the video of the incident. There was no space to run/retreat.

    Also, M.O.V.E. = motionless operators ventilate easily. If you are not moving, you are an easy target with and without your gun.

  6. Quote Originally Posted by bofh View Post
    The intent of the driver is irrelevant, as the victim can not read the mind of the driver. Did the victim has a reasonable fear of death or great bodily harm? That's the only question!

    You may want to watch the video of the incident. There was no space to run/retreat.

    Also, M.O.V.E. = motionless operators ventilate easily. If you are not moving, you are an easy target with and without your gun.
    I think if you shoot someone that you think is trying to kill or harm you that it will not be viewed as "accidental" but intentional. Nothing about the shooting is accidental if you draw and pull. The intentions of the driver will need to be investigated and/or corroborated though.

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  7. #6
    Bikenut Guest
    Seems to me anyone that noticed a car trying to run them over would be better served by getting out of the way rather than trying to shoot the driver. Especially since shooting the driver doesn't make the car stop.

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    Quote Originally Posted by niceshootintex View Post
    I think if you shoot someone that you think is trying to kill or harm you that it will not be viewed as "accidental" but intentional. Nothing about the shooting is accidental if you draw and pull. The intentions of the driver will need to be investigated and/or corroborated though.

    The Place To Be
    Scratching my head here... I never said that the shooting would be accidental. The post I was replying to was suggesting that the circumstances change if the driver hit you accidentally and not intentionally, hence my reply about the intent of the driver. The intentions of the driver are irrelevant if you are in a reasonable fear of death or great bodily harm.

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    Quote Originally Posted by Bikenut View Post
    Seems to me anyone that noticed a car trying to run them over would be better served by getting out of the way rather than trying to shoot the driver. Especially since shooting the driver doesn't make the car stop.
    Yet, law enforcement officers do this quite often with success, shooting at a driver that tries to run them over. Shooting and moving do not exclude each other, unless you only trained at a square range with shooting lanes. Shooting the driver makes him stop aiming the car at his intended target and pressing the gas pedal.
    Last edited by bofh; 08-14-2017 at 08:20 PM. Reason: Spell check

  10. Quote Originally Posted by bofh View Post
    Scratching my head here... I never said that the shooting would be accidental. The post I was replying to was suggesting that the circumstances change if the driver hit you accidentally and not intentionally, hence my reply about the intent of the driver. The intentions of the driver are irrelevant if you are in a reasonable fear of death or great bodily harm.
    I was using the sentence by wanderingsol7 that stated
    "I think the question would be "What happens if I shoot someone that appears to be running me over and it turns out to be accidental?". Was a straightforward rhetorical question and I just answered it badly.

    They were essentially stating "what would happen if you shoot Grandpa who had a stroke and started running over people at a Farmer's Market?". The answer is that its probably a bad hair day for the shooter at that point.

    The Place To Be

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    Quote Originally Posted by niceshootintex View Post
    I was using the sentence by wanderingsol7 that stated
    "I think the question would be "What happens if I shoot someone that appears to be running me over and it turns out to be accidental?". Was a straightforward rhetorical question and I just answered it badly.

    They were essentially stating "what would happen if you shoot Grandpa who had a stroke and started running over people at a Farmer's Market?". The answer is that its probably a bad hair day for the shooter at that point.

    The Place To Be
    My point is that the intention of the driver doesn't matter. The law does not require you to read the driver's mind before defending your life or the life of others. Deadly force law is always about if the actions of the person using deadly force was based on a reasonable fear of great bodily harm or death.

    If you shot Grandpa who had a stroke and started running over people at a Farmer's Market, then you did shoot him to save the lives of the people at the Farmer's Market. Nowhere in the law does it say that if the deadly force applied by Grandpa was accidental or due to a medical condition that you have no right to self defense or the defense of the lives of others.

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