So shooting someone over self defense… it would seem many people don’t know what that is or how it works.
If somone punches you. You cannot just shoot them back and call it even. There has to be an actual threat to your life ending in that moment in order to shoot someone to stop them. If you shot someone for kicking your ass. You’ll go to jail for murder. If someone charges you with a weapon, though, then that could be challenged in court as an act towards your life
As soon as they attempted to open the car door or tried to pull that person out of their car anyone in the area can use deadly force to stop them in the state I live in right now.
"The Castle Doctrine
The Castle Doctrine extends the right of self-defense to your home, vehicle, or place of business in Tennessee. If someone unlawfully and forcefully enters your residence, business, dwelling, or vehicle, you’re presumed to have a reasonable belief of imminent danger of death or serious bodily injury. This presumption allows you to use force, including deadly force, to protect yourself and others present on the premises. "
So in Tennessee you can actually shoot anyone who breaks into your house as well, even if they are just trying to steal your TV, the breaking and entering is considered an immenant threat to yourself or any other residents. Probably not a good idea to shoot the person in the back while carrying the TV, (nor do I think it’s a good idea to shoot anyone) but the law is very much in the favor of whomever lives or owns the vehicle/ business/ residence.
“Reasonable belief: You must reasonably believe that using force is necessary to prevent imminent death or great bodily harm to yourself or others.”
If anyone can prove otherwise. You will go to prison for manslaughter. You have to understand the situation before you take lethal action on someone. If somlne who was drunk opened your car door because they thought it was there car, that doesn’t give you the right to murder them.
This happened notk g ago where a man shot and killed a teenager for using his drive way to turn around.
So your comparing someone saying they will drag you out of your castle and rearrange your face, to someone not entering your castle. They aren’t comparable to me. The castle doctrine essentially puts the burden of proof on the state to prove you were not in danger. If someone breaks into your house, it is assumed you are in danger in states that use the castle doctrine. It isn’t illegal to turn around in someone’s driveway, therefore it is not illegal entry. The drunk person getting in your car scenario is a tough call. I’d say if the doors were unlocked and they get in the back seat then they aren’t illegally entering.
The OP situation, you 100% can put a bullet in their head right in front of their kids and be legally covered. They don’t even have to wait to get touched, they can shoot the person charging over to drag them out of the vehicle. The state has to prove the dead parent wasn’t going to hurt them. The fact that they got out of their vehicle and headed towards your vehicle on the street would likely be all they needed to prove mal intent, the state wouldn’t even try to prosecute that.
That’s easy. Step one, lock the car door… There, you’ve been charged with mith murder for skipping a basic step because someone walked towards you. Bummer.
Like I said numerous times before it depends on the situation, where you live etc. Read and understand the law. Getting the shit kicked out of you might not be considered anymore more than battery and wouldn’t be justified to shoot them unless your life was actually threatened.
Morally correct, no. Legally correct, absolutely. Sorry mate, but it is 100% legal to shoot someone approaching you in your vehicle after getting out of their vehicle in a manner you considered threatening here. They don’t have to touch you. The state has to prove that person wasn’t going to hurt you, which they cannot do if you got out of your cyber truck after being called a name, and went over to their vehicle in traffic. That dumby in the OP already flagged himself as a threat in an online post. If they lived in a state that has castle law, someone could call him over and shoot him and get away with it because their lawyer would say it was premeditated do to there post history.
So shooting someone over self defense… it would seem many people don’t know what that is or how it works.
If somone punches you. You cannot just shoot them back and call it even. There has to be an actual threat to your life ending in that moment in order to shoot someone to stop them. If you shot someone for kicking your ass. You’ll go to jail for murder. If someone charges you with a weapon, though, then that could be challenged in court as an act towards your life
“I thought he was reaching for a gun, so I feared for my life” might work.
Doesn’t work well for cops. Why should that for civilians lol.
As soon as they attempted to open the car door or tried to pull that person out of their car anyone in the area can use deadly force to stop them in the state I live in right now.
"The Castle Doctrine
The Castle Doctrine extends the right of self-defense to your home, vehicle, or place of business in Tennessee. If someone unlawfully and forcefully enters your residence, business, dwelling, or vehicle, you’re presumed to have a reasonable belief of imminent danger of death or serious bodily injury. This presumption allows you to use force, including deadly force, to protect yourself and others present on the premises. "
So in Tennessee you can actually shoot anyone who breaks into your house as well, even if they are just trying to steal your TV, the breaking and entering is considered an immenant threat to yourself or any other residents. Probably not a good idea to shoot the person in the back while carrying the TV, (nor do I think it’s a good idea to shoot anyone) but the law is very much in the favor of whomever lives or owns the vehicle/ business/ residence.
Yes the law still applies
“Reasonable belief: You must reasonably believe that using force is necessary to prevent imminent death or great bodily harm to yourself or others.”
If anyone can prove otherwise. You will go to prison for manslaughter. You have to understand the situation before you take lethal action on someone. If somlne who was drunk opened your car door because they thought it was there car, that doesn’t give you the right to murder them.
This happened notk g ago where a man shot and killed a teenager for using his drive way to turn around.
So your comparing someone saying they will drag you out of your castle and rearrange your face, to someone not entering your castle. They aren’t comparable to me. The castle doctrine essentially puts the burden of proof on the state to prove you were not in danger. If someone breaks into your house, it is assumed you are in danger in states that use the castle doctrine. It isn’t illegal to turn around in someone’s driveway, therefore it is not illegal entry. The drunk person getting in your car scenario is a tough call. I’d say if the doors were unlocked and they get in the back seat then they aren’t illegally entering.
The OP situation, you 100% can put a bullet in their head right in front of their kids and be legally covered. They don’t even have to wait to get touched, they can shoot the person charging over to drag them out of the vehicle. The state has to prove the dead parent wasn’t going to hurt them. The fact that they got out of their vehicle and headed towards your vehicle on the street would likely be all they needed to prove mal intent, the state wouldn’t even try to prosecute that.
That’s easy. Step one, lock the car door… There, you’ve been charged with mith murder for skipping a basic step because someone walked towards you. Bummer.
Like I said numerous times before it depends on the situation, where you live etc. Read and understand the law. Getting the shit kicked out of you might not be considered anymore more than battery and wouldn’t be justified to shoot them unless your life was actually threatened.
Morally correct, no. Legally correct, absolutely. Sorry mate, but it is 100% legal to shoot someone approaching you in your vehicle after getting out of their vehicle in a manner you considered threatening here. They don’t have to touch you. The state has to prove that person wasn’t going to hurt you, which they cannot do if you got out of your cyber truck after being called a name, and went over to their vehicle in traffic. That dumby in the OP already flagged himself as a threat in an online post. If they lived in a state that has castle law, someone could call him over and shoot him and get away with it because their lawyer would say it was premeditated do to there post history.
Man you’d end up in jail I guess 🤷. But please learn the term “depends on the situation” because I’m tired of repeating it to you.
Lost you are, what I said is Truth. Denial you are in
Okay so you’re in a parking lot waiting for whatever reason. A guy holding a grocery bag opens you car door, do you shoot him?