Is self-defense illegal?

Is self-defense illegal?

To answer that question, let’s take a step back and identify what self-defense is. Attorney Tom Grieve describes it in this video in easy-to-understand legal terms:

See the entire blog post here: https://www.usconcealedcarry.com/blog/ask-an-attorney-what-is-self-defense/

Self-defense is an affirmative defense. You’ve physically defended yourself. The burden is on you initially to show that the triggering criteria was present – they were attacking you. Once your attorney has proven that to a sufficient degree (depending on the state you live in), it becomes the prosecutor’s burden to disprove it was self-defense beyond a reasonable doubt.

Self-defense is self-defense, not stuff-defense.

Remember, every state has different laws when it comes to self-defense and carrying a firearm. What do the laws in your state have to say about self-defense?

To find out about concealed carry laws in your state, click here to visit the USCCA reciprocity map.

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It’s nerve racking to think you have to “prove” self-defense. You’d think it was obvious.

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It’s not like this.
Drejka case is a good example that people may sometimes forgetting what self defense is.

There was similar “self defense” shooting in Chicago, where young man pulled the trigger being attacked by other man.
He was charged with murder, because he didn’t know when the initial accident stopped and he created another one being the aggressor.
Now he has to prove the self defense.

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I have been telling many of my nephews/nieces and other family members that it is critical to move to a state that supports your right of self defense. There are NEW jobs all over this country in supportive states.

We packed up and moved as 30 ish year olds to get out of cold Ohio and move to Texas. Sorry @Aaron25 , I still think you should move here… That was in 1998, one of the best decisions we ever made.

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In what world defending your life, your property and your family is illegal? It is preposterous that you have to “prove” self-defense (sadly I live in Chicago). It should common sense that if a criminal tries to harm you, property or loved ones you can do whatever necessary to stop it. It’s crazy we live in a world where criminals get defended and protected by the government while good abiding citizens get screwed. Self-defense should never be illegal.

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One exception, @Sebastian5 … there is no “property self defense”. :point_up: That’s the part people forgetting as well.

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Yu are correct. However, I think it should be legal, people work hard for their property, they should be able to defend it. It’s already way too easy for criminals to steal and harm and get away with a slap on the hand.

I wouldn’t kill someone over property. But if someone was trying to steel a gun I might take the shot because there’s no telling how many lives might be taken with the stolen gun. I’m talking about someone steeling a gun under my care. What say you?

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That’s something I’d like to agree… but I disagree…
You are right that it makes easy for criminals to steal, but we have other options to defend property than shooting. :wink:

I’ve been working hard for everything I own but would never shoot anybody who wants my car, TV or any other thing that has money value - if I’m not threatened with deadly weapon.
Even I like The Hammurabi Code of Laws, it doesn’t work these days…

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I agree with @KillJoy I would not let anyone take my gun or any I own.

@Jerzy I agree with you, I didn’t necessarily mean kills someone over property, like you said, there are other ways. However, I’ve seen it multiple times here in Chicago where people are asked to give up their cars and they do just to get shot and killed afterwards. I don’t know is a very gray area, I just don’t like the idea of putting my life in the hands of a criminal and hope they act in good faith (they already aren’t by stealing).

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Nobody likes the idea of of putting own life in the hands of a criminal… but people being asked to give up their cars don’t seem to be smart, so either they are certainly not smart or poorly trained as weapon carriers.
I’m not talking about poor draws or shooting technique, I’m talking about poor situational awareness and self preservation.
First - you have to know how safely approach your car.
Second - once in the car, just lock your door.
Keeping those in mind you minimize unlawful use of deadly force by you or against you.

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I agree with you 100%.

I have one question though, what about when you are being carjacked and you have a gun pointed at your from the outside either by the door or right in front?

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I’ve been alway taught - never surrender.
I know every scenario is different and usually it will never go as we would like to… but after proper training we should know how to carry firearm in the car. I know waist belt doesn’t work, you never draw the gun inside the car not being seen you doing this. The only tactic is counter ambush and surprise. Hopefully your door are locked. If you see firearm behind drivers window - you just shoot thru the door. If you see attacher on the other side, you need an element of surprise, so you gain extra 2 seconds for proper draw.
Whatever is the scenario - proper handgun placement in the car is the key for success.

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Taking off with the car leaving them behind you may result in bullets coming in from behind. Anytime you are getting in or out of your vehicle you are transitioning and venerable. Situational awareness is key to your survival. Also, when you are at an intersection at a light you are also venerable too. Keeping the doors locked is the first step. The second step would be leave an escape route when at an intersection. DO NOT pull up right behind someone in front of you. Leave yourself room to maneuver and try not to get blocked in. Keep your situational awareness up when driving try to expect the unexpected. Even when getting gas at a gas station, go to the pump that allows you to not get blocked in and never get gas on the outer pumps or next to the building getting gas. If something was to go down in the store you are not right up front to be in the middle of it. I also hate drive thru fast food places. Another place to be stuck behind another vehicle if something goes south. Any place that funnels you and restricts your maneuvering should be avoided.
I do not think anyone has ever stated anything about self-defense in a car or situational awareness.

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That depends on the state that you are in. If you occupy the vehicle or building being damaged, defaced or attacked, you can assume that your person will be next. In Texas, I may legally shoot you if you are stealing my car.

:wink:
I know… but would you?

Honestly, in the past, yes. I grew up with minimal possessions, so I protect what is mine. Now I am older and wiser and J know that he car is insured, so I would consider more such as surroundings and the chance that I damage what I am protecting. I still wrestle with balancing the facts that the theft raises my insurance costs and likely everyone’s and that I am letting someone get away with crime and could teach them a lesson as well as other potential thieves or prevent them from ever doing it again.

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Great video @KillJoy .
Just remember to shoot at the handle level. These are always above metal bars going across the door to make them impact resistant.