Legal right of gun carriers to shoot back?

[RifleEnthusiast]

I was always curious about the legality of a particular situation and now with the CO shooting, I think it's time for me to know the answer to it. I don't carry a gun on me but I am wondering if someone in this situation (one of the attendees at the theater) had a gun on them, and this crazy dude starts shooting, what is the legal situation of the gun carrier as far as defending himself and defending others? does he have a legal right to shoot back? even if it's not him himself that is endangered? in other words, is there provision in the law for being a good citizen and defending others? It seems logical and human to me, but I'm wondering about the legal situation.

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[deen_ad]

Would depend on the state law, here in WA the answer is YES!!

 

[Kaniffy117]

One should note first, the area the shooting was in was a gun free zone. Regardless of permit you still wouldnt have been able to bring your concealed firearm with you. Colorado theater called ‘gun-free' zone

 

[RifleEnthusiast]

Would depend on the state law, here in WA the answer is YES!!

Good! At least someone still has a brain to consider stopping harm even from others a legal thing!

 

[RifleEnthusiast]

One should note first, the area the shooting was in was a gun free zone. Regardless of permit you still wouldnt have been able to bring your concealed firearm with you. Colorado theater called ‘gun-free' zone

I know, I am thinking more along the lines of had it not been a "gun free" zone, is it legal...

 

[Swedish K]

Legally in most cases you have the right to defend yourself and that of others - as was stated above it was private property and had a no firearms policy so technically it would have been illegal to be carrying at that location.
The thing to remember here is that even if it is legal and a "clean shoot" defending yourself or others you can almost certainly expect to be sued in civil court for wrongful death, etc. either by the lowlife that needed shooting or their family.

Oh - technically even though it was a gun free zone - at least in this part of the country - the worst they can do is ask you to leave and if you refuse you can be charged with tresspassing

 

[RifleEnthusiast]

Legally in most cases you have the right to defend yourself and that of others - as was stated above it was private property and had a no firearms policy so technically it would have been illegal to be carrying at that location.
The thing to remember here is that even if it is legal and a "clean shoot" defending yourself or others you can almost certainly expect to be sued in civil court for wrongful death, etc. either by the lowlife that needed shooting or their family.

Ok, so logically speaking here, you shoot him, you get sued, you don't he kills other and possibly you?!

 

[Swedish K]

Ok, so logically speaking here, you shoot him, you get sued, you don't he kills other and possibly you?!

pretty much - they might not win the suit but be prepared to pay an attorney to defend yourself after such an event.

 

[Swedish K]

I suppose costing you money beats costing you blood

 

[Redcap]

One should note first, the area the shooting was in was a gun free zone. Regardless of permit you still wouldnt have been able to bring your concealed firearm with you. Colorado theater called ‘gun-free' zone

I carry in 'gun-free' zones often.

 

[RifleEnthusiast]

pretty much - they might not win the suit but be prepared to pay an attorney to defend yourself after such an event.

Alrighty! feels a little ***-backwards to me but, ok!

 

[Swedish K]

so if its a gun free zone I would be OK to have a grenade or cannon right? technically not guns - also a 37mm with "less lethal" wood block rounds would be fine as they are technically flare launchers not guns....

 

[deen_ad]

Would depend on the state law, here in WA the answer is YES!!

Here's the cite from the WA laws:

RCW 9A.16.050
Homicide — By other person — When justifiable.


Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.

 

[deen_ad]

so if its a gun free zone I would be OK to have a grenade or cannon right? technically not guns - also a 37mm with "less lethal" wood block rounds would be fine as they are technically flare launchers not guns....

In WA a firearm is:

(7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

 

[lamrith]

The specifics of where you are and what the laws are will have a big affect on your rights to shoot back.

Here in WA, private party signs are not legally binding. If a theater has no firearms sign and you are CCW you can go in. Keep it concealed and all is good. Now if you are caught they can ask you to leave and YOU MUST. If you do not then they have you arrested for tresspassing. If you were to be involved in a self defense shooting it would be a tough situation. Legally, having it in the facility wise you should be fine, the issue will be no different than if you were involved on the street. See WA RCW posted above..

Removed Aurora info as proved inaccurate. Link with updated info below.

 

[RifleEnthusiast]

Aurora was a different situation, it was not just posted at the theater, but Auroa by law does not allow firearms, conceal carry etc. It was mentioned in one of the posts on a forum, the entire town is gun free BY LAW. THAT creates a very different issue, and legally you would not be able to shoot back because you would not even have a gun. If you did then you would face serious legal problems even if you saved lives. Fact is, as we have now seen nobody had a firearm because it was against the law in the entire town.

Oh, I did not know that at all.

 

[lamrith]

Some clarification I found the link. Looks like the Original writter had to amend his article. CO has a pre-emption for possession/carry.. But then it is still illegal to discharge. What sense that makes is beyond me. Carry it, but can't use it..

Aurora's Strict Gun Laws Didn't Prevent Shooting, But If One Law-Abiding Person In The Theater Had Been Carrying One... | CNSNews.com

 

[codezilla]

Private property owners can declare their property "gun free" however this is not legally enforceable. If you carry a gun onto private property against the property owner's wishes, the property owner could ask you to leave. If you refused to leave, you could then be charged with trespassing, but not a gun-related charge. However as mentioned above, Aurora seems to have a city-wide ban on firearms so this is a different situation altogether.

But keep in mind, law enforcement and the district attorney have plenty of decision making power. If a person in the crowd was illegally carrying a gun, but ultimately saved lives by using it in a situation like this, that charge would never stick. The D.A. who charged the "hero" would be committing career suicide and would never take the case to court. If they did go to court, they would never find a 12 person jury that would convict a hero/local-celebrity.

 

[Mark W.]

The specifics of where you are and what the laws are will have a big affect on your rights to shoot back.

Aurora was a different situation, it was not just posted at the theater, but Auroa by law does not allow firearms, conceal carry etc. It was mentioned in one of the posts on a forum, the entire town is gun free BY LAW. THAT creates a very different issue, and legally you would not be able to shoot back because you would not even have a gun. If you did then you would face serious legal problems even if you saved lives. Fact is, as we have now seen nobody had a firearm because it was against the law in the entire town.

The theator was a Gun free zone as posted by the owners of the theator.

Aurora CO is not a gun free zone. It does not allow CCW or loaded firearms in vehicles but it is not a gun free zone.

Please be more accurate when making statements

 

[madman48]

So technically, the real question you yourself need to answer, where would you rather be? Defending your rights in court after the fact, or in a coffin?

There were 70 casualties (12 dead, 58 wounded). If a second person had acted illegally, and fired at the scumbag, and the end result was 3 or 4 casualties, 1 being said scumbag, who knows how it would have turned out. But I think law breaker number 2 would have had at LEAST 66 character witnesses for his defense. I'd go to court with that. Hopefully, in this country, you don't have to bear a gun in self defense routinely. Hopefully, in this country, once is enough. I have my doubts at times however, with legality being what it is, across this country, as well as in this state. And with what people are doing these days.

On a side note, did you know a college education is consitutionally garaunteed to children of divorced parents in the state of Washington. It is.