This happened May 29, 2020 in San Jose, on the 101 freeway: video
The perpetrator has some type of blunt object, capable of smashing through the driver’s side window. Considering if the window gave in, a direct impact to the driver’s skull would almost certainly cause grave bodily injury.
Would the driver be privileged in that video to defend themselves with deadly force?
I think sometimes we muddy the water unnecessarily or maybe I over simplify things. I’m not a lawyer but my understanding is if you are in fear for your life or serious bodily harm deadly force is an option. I believe we should take every precaution and step necessary to avoid a situation however worrying about whether you’re in your car, house, or just walking down the street could take precious time to sort thru your options.
With the current environment and uptick in these types of attacks this is a great question, that hopefully if someone hasn’t started thinking about what they would do this will provoke those thoughts.
@Sheepdog556 is right. I don’t know that I would shoot through the window but I would be ready to fire if that window came down. I am really surprised the door window did not shatter all over the place. They usually do shatter into little pieces.
I do not know if ya’ll heard, in Seattle people have been throwing rocks through car windows of cars that are on the freeway.Some do it off the overpasses and some have been on the side of the road. In the video the guy is destroying the car and moving on. Think of the fear factor, How in fear for your life are you? Are you willing to take someones life and live with it? I would be very mad about the damage to my vehicle but, is it worth taking someones life?
Using your gun in self-defense is a last resort effort to protect your life and those around you. You have the right to protect yourself and family in that situation but, you have to ask yourself, do you ?
I believe the word you meant is “justified”. We have a Natural Right - it is not a privilege - to self-defense that is ingrained in our RKBA, guaranteed and protected by the 2A. Every situation is different. Legally, if you have a reasonable fear of great bodily harm or death, you have legal justification for self-defense using potentially lethal means. To me, smashing your windows, and the video shows the back window completely busted, I believe lethal force would justified in that scenario. I would be even more concerned if my wife and/or daughter were in the vehicle with me. As @Todd30 states, you also need to be willing to use that method, if and when it is necessary.
@Christopher163 Justified, yes. Legal, yes. My only concern would be the other 50 protesters milling around. If fit hit the shan, there’s more of them than bullets in my gun. Would the right thing to do be to shimmy to the center of the car, and only when the glass falls in start shooting?
I think it depends on your ammo too? JHP’s will probably stop in the Bad Guy. FMJ’s could possible travel through BG and into adjacent cars/bystanders.
Shattering the windows is one thing but once the windows break if he continues to want to use that pipe on me through the broken windows then I will have to defend my self. That pipe can definitely kill you if it strikes you in the head. I would say deadly force is not warranted in this situation because he departed after breaking the windows.
Yes, the difficulty arises in that you never know if the next blow will be the one that comes all the way through the window (at which point it may be too late–you could already have been struck).
Personally in this situation I would likely have feared for my life (and especially for the lives of small children that may also be in the vehicle). I would be interested to hear from more lawyers on their opinions here: i.e. given the situation, would this generally constitute a reasonable fear of grave bodily injury or death? If not, I would be interested to know what additional events would need to transpire to bring it to that level (e.g. the window must be smashed all the way in).
Under Georgia laws : Yes
It is explained under the laws of Habitation
A vehicle is considered as an extension of their home / dwelling.
Georgia has the Stand your ground law that also permits an individual to take a defensive only posture to protect themself or a third party from grievous injury, harm, life and limb, as well as to prevent a violent act or the commission of a crime in a felonious manner.
Each state is different. Read your state Gun Carry Laws and Rights to Defense.
I was able to attend one of USCCA’s in person FREE Legal Seminars, “Navigating The Law After A Self-Defense Incident”. Please do not let the long drive deter you, please do make time for it, and arrive early. I found it very informative, humbling, and enjoyable being among fellow students. To access these seminars, click on the main page, when you see your “Dashboard”, look atop for “events”, and click on “events”.
The rioter broke the window and retreated immediately. The guy in the vehicle was unharmed and had the ability to retreat. There’s no question: The use of deadly force in this situation is not a defense from prosecution in most if not all states.
Most likely he would have been arrested and a grand jury would have indicted. What happens at a trial is up for grabs.