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re: Can I shoot an armed gunman in the back as he's running away?

Posted on 11/23/16 at 7:21 pm to
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71517 posts
Posted on 11/23/16 at 7:21 pm to
Why would you want to? When he turns and runs, he's no longer an immediate threat to you.
Posted by TigernMS12
Member since Jan 2013
5534 posts
Posted on 11/23/16 at 7:26 pm to
As a general rule, the standard for justified homicide is an objectively reasonable belief that your in danger of loss of life of serious bodily injury.

Several states have Castle Doctrines and Stand Your Ground laws. Castle Doctrine creates a rebuttable presumption that it is objectively reasonable to believe your life is in danger or under threat of serious bodily injury if someone is acting against you inside your dwelling (or car in states that extent it to vehicles; some states also include personal businesses). However, it is rebuttable, which means if you were to shoot someone in the back as they're fleeing your house, the DA could rebut the presumption of justified homicide by showing you were no longer in danger.

Stand your ground laws simply mean that you do not have to make an attempt to retreat before acting in self-defense (be cornered with no other option). You can use deadly force is it is justified even if there was another option available. However, this does not mean that you can become the aggressor. If someone pulls a knife 25 feet away from you, you can't just shoot them then under SYG laws. If they were to run at you, then you could, even if you could have arguable ran away.
Posted by Tactical Insertion
Member since Feb 2011
3205 posts
Posted on 11/23/16 at 7:27 pm to
If you shoot a guy on your doorstep be sure to drag his arse inside after
Posted by ninthward
Boston, MA
Member since May 2007
20452 posts
Posted on 11/23/16 at 7:28 pm to
I will say no, but could you argue you felt this person was going to do harm to another person?

Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 11/23/16 at 7:28 pm to
Are you black, and is the would-be target black?

If so, no one will care, press on brother!
Posted by OweO
Plaquemine, La
Member since Sep 2009
114059 posts
Posted on 11/23/16 at 7:28 pm to
He got a gun, he could turn around and shoot you, just don't tell anyone he was running away.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57348 posts
Posted on 11/23/16 at 7:30 pm to
You can argue your case all the way to prison.
Posted by Cajunate
Louisiana
Member since Aug 2012
3354 posts
Posted on 11/23/16 at 7:35 pm to
If he's running away and no longer a threat to you or someone else's safety the answer is no. If you do YOU will be charged with at least manslaughter.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
18737 posts
Posted on 11/23/16 at 7:38 pm to
What state? That matter a lot.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71517 posts
Posted on 11/23/16 at 7:42 pm to
quote:


He got a gun, he could turn around and shoot you, just don't tell anyone he was running away.


That's not how any of this works.
Posted by Tarik One
Member since May 2016
2094 posts
Posted on 11/23/16 at 7:44 pm to
Assuming he's dead, I can take his gun a fire a few in my direction to make it appear that he was firing back recklessly as he was running....then of course place the gun right back.
This post was edited on 11/23/16 at 7:51 pm
Posted by dragginass
Member since Jan 2013
2773 posts
Posted on 11/23/16 at 7:45 pm to
Shoot until he is no longer a witness.
Posted by Manlaw35
Member since Jan 2013
1302 posts
Posted on 11/23/16 at 7:54 pm to
Why would you want to? When he turns and runs, he's no longer an immediate threat to you.

Because he just robbed me and could have killed me. Getting away with it will more than likely escalate his thug behavior until he does kill an innocent person.
This post was edited on 11/23/16 at 7:55 pm
Posted by AlonsoWDC
Memphis, where it ain't Ten-a-Key
Member since Aug 2014
8777 posts
Posted on 11/23/16 at 8:02 pm to
quote:

In some cases, you can shoot a fleeing felon in the back. Lots of provisions though.

I think the case is Tennessee v. Conner (or Connor).




Tennessee v. Garner, 471 U.S. 1 (1985). It's about using deadly force as a LAW ENFORCEMENT OFFICER against a fleeing felon if the officer has probable cause that he/she poses a significant risk of death or serious harm to others.

Posted by Ricardo
Member since Sep 2016
4917 posts
Posted on 11/23/16 at 8:05 pm to
(no message)
This post was edited on 6/14/20 at 7:29 pm
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 11/23/16 at 9:07 pm to
#1 make sure you shoot him in the front or side also so you can say he turned
#2 he cannot survive
#3 get a good lawyer and don't say shite to the cops
This post was edited on 11/23/16 at 9:09 pm
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 11/23/16 at 9:07 pm to
No. Always make him turn around
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7560 posts
Posted on 11/23/16 at 9:11 pm to
Depends on the state for legality.

But it is a bad move nonetheless.

Generally one can only use lethal force to defend a life (yours or another).

Once the perp is in retreat you really have no case for fear for your life.

Just because you win the criminal case doesn't mean you'll skate on the civil trial.

This is not legal advice.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18928 posts
Posted on 11/23/16 at 9:16 pm to
quote:

If you can make a case that your life is in danger, then you can pull the trigger.

If not, then don't.


FWIW. The above is the correct answer with a couple of additions. The classic shoot in the back allowable scenario is when you are in a shootout and the other party runs toward available cover. This is known as "bettering his position" and is a valid defense. You don't need to let him get behind a pillar and turn around before shooting again. Likewise, if he has his back turned and is shooting over his shoulder as he runs that is certainly acceptable. The other scenario not mentioned above is if he is running away to go harm a third party. The classic scenario is the guy who says he is going in the house to kill his wife and runs towards the house while displaying the weapon. You are certainly justified in shooting him.
Posted by theunknownknight
Baton Rouge
Member since Sep 2005
57437 posts
Posted on 11/23/16 at 9:19 pm to
quote:

And get away with it?


Only if you hit him DIRECTLY in the sphincter and he MOANS
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