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Know Your Local Laws

This is a discussion on Know Your Local Laws within the CCW Conceal Carry forums, part of the Gun Forums category; Okay folks, there is much talk about knowing the laws of your state insofar as weapons ownership/carry/use in self defense, but there are also ancilary ...

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  1. #1
    Gunatic Loyalist (Bow down) mwink822's Avatar
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    Know Your Local Laws

    Okay folks, there is much talk about knowing the laws of your state insofar as weapons ownership/carry/use in self defense, but there are also ancilary laws of your criminal code of which you should become aware, particularly laws regarding offenses known as reckless endangering.

    Allow me to paint the picture, you are confronted by an assailant in a threatening manner. You first attempt to avoid any serious conflict by means of retreat, but are unsuccessful. Assailant, knowing you are incapable of escape escalates the situation by then confronting you with a deadly weapon making him an armed assailant placing you in imminent fear of seious harm to life and limb. You, as a last resord, draw your weapon and fire multiple rounds ending the threat. It is a clean SD shoot under those laws, however, you may also be liable for somethign called reckless endangering if the shots are fired an a populous area or an area where there are bystanders.

    For example, in the fine First State of Delaware, Title 11 Delaware Code Section 604 states that "A person is guilty of reckless endangering in the first degree when the person recklesly engages in conduct which creates a substantial risk of death to another person. Reckless endangering in the first degree is a Class E felony."

    Section 603 of the same section sets for that "A person is guilty of reckless endangering in the second degree when [. . .] [t]he person recklessly engages in conduct which creates a substantial risk of physical injury to another person."

    Under both of these sections, the state need only prove that you acted recklessly, meaning you were aware of a substantial risk of harm to others (i.e. persons other than the assailant confronting you with deadly force) and that you fired notwithstanding such risk.

    While it is unlikely that a prosecuting attorney would file this charge against an individual where it is a clean SD shoot as outlined, there are still a great many DAGs and DDAs that are not receptive to the concept of law abiding citizens lawfully carrying and utilizing a firearm in their own self defense. These overly zealous attorneys are why it is incredibly adviseable to learn your local laws that have ancillary importance to a self defense situation.

    For the reasons above, KNOW YOUR LOCAL LAWS; this does not mean that you must be sophisticated in the knowledge of operation of and application of laws, simply know that there are statutory provisions that subject you to criminal liability, even where you utilize a firearm in lawful self defense. Self defense statutes are limited in scope and operation by nature. Follow general rules of gun safety...know your target and what is beyond and around it. Lastly, as has been said many, many times 'round these parts, train, train, train, and then train some more.

  2. #2
    Gun n00b Anderson65's Avatar
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    Nice info.
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    Last edited by Anderson65; 10-06-2015 at 02:25 AM.

  3. #3
    Gun n00b topgun's Avatar
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    Being a lawyer is beneficial to holding a concealed carry license.

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  6. #4
    Gun n00b safetyguy64's Avatar
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    Move to Florida. The state is a "Preemptive" state in regard to weapons and firearms. No agency except the state can make or pass gun laws or rules. If they do the person in charge and often is sued and prosecuted under Law. Anywhere you go in this state it is the state law that prevails.

  7. #5
    Gun n00b 016hnoor's Avatar
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    A person is guilty of reckless endangering in the first degree when the person recklesly engages in conduct which creates a substantial risk of death to another person.

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    Last edited by 016hnoor; 04-20-2015 at 12:41 AM.

  8. #6
    Gun n00b spiritclump's Avatar
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    Great info. I couldn't have said it better myself

  9. #7
    Gun n00b topgun's Avatar
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    Unless you are a total idiot and spray bullets indiscriminately everywhere, without some sort of due caution, Michigan law protects the person defending his or her life, or the lives of others.

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