Could You Return Fire To Someone Who Attacked You?

Published on October 14, 2021
Duration: 8:25

This video, featuring criminal defense attorney Tom Grieve, explores the complex legalities of returning fire when attacked with realistic Airsoft guns. It emphasizes that the core question is whether the victim reasonably believed they were facing a deadly threat, even if the weapon was a facsimile. The discussion highlights how the perception of the threat, the attacker's actions, and state-specific definitions of deadly force (including great bodily harm) are critical in determining legal justification for self-defense.

Quick Summary

The legality of using deadly force against an Airsoft gun attacker depends on whether the victim reasonably believed they were facing a deadly threat. Even though Airsoft guns are less lethal, their realistic appearance and aggressive use can create a situation where a reasonable person might perceive imminent danger, especially if the weapon cannot be immediately identified as fake.

Chapters

  1. 00:00Intro: Returning Fire After Airsoft Attack
  2. 00:14USCCA Gun Giveaway Announcement
  3. 00:27Guest Introduction: Tom Grieve
  4. 00:30Scenario: 14-Year-Old Attacked with Airsoft Guns
  5. 00:57Question: Responding with Deadly Force
  6. 01:10The 'It Depends' Answer
  7. 01:16Checking Local Laws
  8. 01:23Reasonable Belief of Deadly Threat
  9. 01:40Airsoft Guns vs. Real Firearms
  10. 02:03BBs vs. Real Bullets
  11. 02:14Legal Nuances: Less Than Lethal vs. Great Bodily Harm
  12. 02:24Wisconsin Law: Definition of Deadly Force
  13. 02:51The Tricky Nature of Eyes
  14. 03:02Legal Argument for Airsoft Defense
  15. 03:16Rate of Fire of Airsoft Rifles
  16. 03:39Pounding the Facts vs. Pounding the Law
  17. 03:51Personal Opinion on Airsoft Attacks
  18. 04:00When Does Non-Deadly Become Deadly?
  19. 04:05Police Academy Perspective on Deadly Force
  20. 04:20Potential for Lost Eye
  21. 04:29Distinguishing Real vs. Fake Guns Instantly
  22. 04:55Group of Kids vs. Robbery Scenario
  23. 05:18Convenience Store Robbery with Airsoft Gun
  24. 05:31Discernment of Deadly Threat
  25. 05:48Knowing it's a Facsimile Firearm
  26. 06:07Tough Legal Area
  27. 06:09Consult an Attorney
  28. 06:19Nuanced Argument
  29. 06:33Un-nuanced Truth: Play Stupid Games, Win Stupid Prizes
  30. 06:41Using Airsoft Guns for Crime
  31. 06:46Agreement: Don't Rob People
  32. 06:53Stupid Games, Stupid Prizes
  33. 06:56Robbing with a Firearm or Altered Object
  34. 07:10Expectation of Violent Resistance
  35. 07:17Prosecutor's Perspective
  36. 07:34Avoiding Difficult Cases
  37. 07:39Concluding Thoughts
  38. 07:51Subscribe and Notification Bell
  39. 08:04Gun Giveaway Link
  40. 08:11Outro: Kevin McCloskey, USCCA

Frequently Asked Questions

Can I legally use deadly force if attacked with Airsoft guns?

The legality hinges on whether you reasonably believed you were facing a deadly threat. While Airsoft guns are less lethal, their realistic appearance and aggressive use can create a situation where a reasonable person might perceive a deadly threat, especially if they cannot immediately discern it's a fake weapon.

What is the legal definition of deadly force?

Deadly force is generally defined as any force that could foreseeably cause death or great bodily harm. Great bodily harm typically refers to severe injuries like the loss of a limb or the loss of function of an organ.

How does the appearance of an Airsoft gun affect self-defense legality?

If an Airsoft gun is used in a way that makes it indistinguishable from a real firearm during an attack, it can create a reasonable belief of facing a deadly threat. The attacker's actions and the victim's perception at that moment are crucial legal considerations.

Are there specific laws about Airsoft gun attacks and self-defense?

Laws vary by state. While Airsoft BBs are less lethal, the potential for serious injury, like to the eyes, can be a factor. The core legal principle remains whether the victim's belief of imminent danger was reasonable given the circumstances.

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