Legal right of gun carriers to shoot back?

[Father of four]

I disagree with you in the conclusions, that's why I need to know what you are basing them on.

I am a simpleton I guess. Right is right, wrong is wrong. The people many years ago left a country and a king to be free, they set up a governmental system to make sure they had that freedom. Is it still here today? I do not think so, maybe a shadow of what it was, hanging on by its fingernails.

 

[Father of four]

See, and that's the thing we should pursue in courts. We have no choice not to go to the government offices. So either they let us protect ourselves, or they MUST provide adequate security (like in the court houses).

I am not calling for a revolution, but we the people are far to quiet and this country of ours have some very serious problems in it. Does say the last forty years of court rulings, rules and regulations and representation seem to be making our country better?

 

[fd15k]

I am not calling for a revolution, but we the people are far to quiet and this country of ours have some very serious problems in it. Does say the last forty years of court rulings, rules and regulations and representation seem to be making our country better?

Heller/McDonald definitely made things better. We also just had a lift of stay in Maryland, turning it into a Shall Issue state effective 2 weeks from now. I have high hopes for the power of litigation in order to extend (or restore, if you will) our freedoms.

 

[lamrith]

MD going Shall issue!? SWEET! It will be interesting to see what if any reciprocity they offer. I travel to MD every year, be nice to carry there as well.

 

[fd15k]

MD going Shall issue!? SWEET! It will be interesting to see what if any reciprocity they offer. I travel to MD every year, be nice to carry there as well.

They are going Shall Issue by a court order, so we can't really expect any reciprocity from them... Your best bet will be to apply there for MD permit as a non-resident, assuming that will be possible.

 

[orygunmike]

RifleEnthusiast ....
Follow this link to see what the actual Oregon statutes say about this ...https://www.oregonlegislature.gov/bills_laws/ors/ors161.html

Some annotated highlights addressed to your specific questions. In the state of Oregon...

• You can use force to defend another person, including deadly force

161.205 Use of physical force generally.
(5) A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape...

161.209 Use of physical force in defense of a person.

... a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose.


161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or

(2) Committing or attempting to commit a burglary in a dwelling; or

(3) Using or about to use unlawful deadly physical force against a person.

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.

 

[drew]

They are going Shall Issue by a court order, so we can't really expect any reciprocity from them... Your best bet will be to apply there for MD permit as a non-resident, assuming that will be possible.

Yeah, they seem to have the OR view on reciprocity. They do offer non resident permits. It looks like they only accept electronic fingerprints from approved sites and vendors since March.