Can I Really Shoot and Unarmed Attacker in Self Defense?

Published on September 6, 2023
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William Kirk of Washington Gun Law clarifies the legal justifications for using lethal force against an unarmed attacker. He emphasizes that while generally not permissible to 'bring a gun to a fistfight,' the law allows for lethal force when facing an imminent threat of death or serious bodily injury, which can arise from 'disparity of force' or the attacker using non-traditional lethal means. Four primary justifications for lethal force are outlined: imminent threat to self or others, a felony committed against one's person, or a felony occurring within one's home.

Quick Summary

It is generally legal to use lethal force against an unarmed attacker only when there is an imminent threat of death or serious bodily injury. This threat can arise from factors like disparity of force (significant size/strength difference) or the attacker using non-traditional lethal means.

Chapters

  1. 00:00Introduction: Shooting Unarmed Attackers
  2. 01:19The Three Pillars of Self-Defense
  3. 02:39Lethal Force Threshold Explained
  4. 03:42Disparity of Force in Self-Defense
  5. 04:53Non-Traditional Lethal Weapons
  6. 05:48Four Justifications for Lethal Force
  7. 07:24Legal Rights vs. Tactical Decisions

Frequently Asked Questions

When is it legal to shoot an unarmed attacker?

It is generally legal to use lethal force against an unarmed attacker only when there is an imminent threat of death or serious bodily injury. This threat can arise from factors like disparity of force (significant size/strength difference) or the attacker using non-traditional lethal means.

What are the three pillars of self-defense law?

The three pillars of lawful use of force are necessity, reasonableness (both objective and subjective), and proportionality. You must need to use force, it must be reasonable given the circumstances, and the force used must be proportional to the threat faced.

What is 'disparity of force' in self-defense?

Disparity of force refers to situations where an attacker, even if unarmed, poses a lethal threat due to significant differences in size, strength, age, number of attackers, or other factors that create an imminent danger of death or serious bodily injury to the victim.

What are the four main legal justifications for using lethal force?

The four primary justifications are: an imminent threat of death/serious injury to yourself or others, a felony being committed against your person (like rape or robbery), or a felony occurring inside your home (like burglary).

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