I know, you are not my lawyer, I am not your client, blah blah blah. I am imagining scenarios that haven’t happened to me and simply trying to think about the ramifications if they ever did
Here in Wisconsin a bill legalizing concealed carrying of handguns recently passed. Let’s say I follow all the rules, acquire a handgun and start carrying it. One day an armed robber appears and demands my wallet. He has a gun out and pointing at me.
- Would I be legally justified in pulling out my gun and shooting him without any other actions (warnings, attempts to escape, or something else)? I would hope that having a gun pointed at me is a valid reason for not attempting to escape.
Please note I’m not asking for opinions of how stupid this action might turn out to be, though I’m sure someone will tell me anyway.
In a slightly different scenario, I turn over my wallet, wait until the guy starts to leave, and then pull out my weapon. I’m guessing the question of whether I could actually shoot the guy gets a whole lot more complicated in a scenario like this.
- I assume I can’t just shoot him in the back as he walks away, right?
Let’s say I shout for him to stop, “don’t move. I have a gun”, etc., and I attempt a citizen’s arrest.
If he turns back toward me with the gun in his hand, is that sufficient justification to shoot?
If he advances toward me in a threatening fashion without a gun in his hand, is that sufficient justification to shoot?
If he simply continues to walk or run away, is that sufficient justification to shoot?
Let us say someone who looked bigger and stronger and scarier than me came up and demanded my wallet, without displaying a weapon. If I pulled my gun (and made sure he saw it) and ordered him to stop, could I shoot if he didn’t.
Would it make any difference in the last scenario if the guy claimed to have a weapon, even if he never showed it?