Shooting Justification For The Disabled: Ask An Attorney

Published on April 24, 2018
Duration: 1:00

This video explains the legal justification for using deadly force, specifically a firearm, in self-defense. It emphasizes that the use of a firearm constitutes deadly force and requires a lawful and justified basis, primarily a reasonable fear of imminent death or great bodily harm. The attorney advises against using a firearm for lesser threats like mere shoves or verbal insults, as this could lead to legal trouble.

Quick Summary

The use of a firearm in self-defense is considered a deadly force encounter. To be legally justified, you must be in reasonable fear of imminent death or great bodily harm, in accordance with your state's laws. Using a firearm for lesser threats like shoves or insults is not typically justified and can lead to legal consequences.

Chapters

  1. 00:00Introduction: Question on Disabled Self-Defense
  2. 00:10Deadly Force Encounters and Legal Justification
  3. 00:22Reasonable Fear of Imminent Death or Great Bodily Harm
  4. 00:37When Deadly Force is NOT Justified

Frequently Asked Questions

When is it legally justified for a disabled person to use a firearm in self-defense?

It is legally justified to use a firearm in self-defense when you are in reasonable fear of imminent death or great bodily harm. The use of a firearm constitutes deadly force, and its application must be lawful and justified according to your state's laws.

What constitutes 'great bodily harm' in the context of self-defense laws?

While specific definitions vary by state, 'great bodily harm' generally refers to injuries that could cause permanent disfigurement, loss of a limb or organ, or pose a substantial risk of death. It's a more severe threat than minor injuries.

Can a disabled person use a firearm if an unarmed attacker is only shoving them?

No, using a firearm against an unarmed attacker who is merely shoving or verbally insulting you is generally not considered justified self-defense. Such actions could lead to legal trouble, as police and courts may not agree that deadly force was warranted.

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