^ He never asked about civil liability. Anyone can sue anyone for almost anything in civil court, especially in a state full of douchebags like NY. If you really did meet the legal grounds for self defense their civil suit probably won’t go anywhere, but will still cost you big bucks defending it.
If someone comes through your door with the clear intention of doing you PHYSICAL harm it’s a different situation. You cannot and should not shoot someone for walking up your driveway while your brandishing a weapon.
With the given situation if you are the one that introduces a deadly weapon to the confrontation, more than likely you will be prosecuted in the end. It may not be right, but what you would be expected to do is go inside the house, lock the door and contact the police. In the end it all would come down to what the local district attorney wants to do.
It would be an interesting case as he originally described it though, based on the requirement to retreat and the fact that you were retreating while driving to your house with the guy chasing you.
I say go do it so I can follow this one through the courts.
just adding a bit more details that would make or break the case,
The guy has been tailgating and driving erratically behind me. He is following me with in a car length as I pull into my separate garage, which my rifles are located.
I pull the car into the garage and he pulls his truck up to the garage, and blocks me in.
He gets out of his truck and is pretty haggard looking (summing up that he might do something crazy)
He is coming towards me pretty quicky, I have plenty of shit in my garage that could be used as a weapon against me, i’m not sure if this guy is going to attack so that is when i grab the rifle.
I then tell him to step back, he keeps coming at me, i point the gun at him, and he turns around, but calls the police on me…will I be arrested for this?
Or…lets say he keeps coming towards me and, I fire and injure him, and then call the police…
Will I be arrested?
you can only use equal or lesser force to defend yourself. and you can bet you will be in trouble if you shoot someone, you will seriously have to prove your case that you were in danger of being killed. and firing at him at all is considered attempted homicide.
What if this guy was bigger than I was…if we were to get in a fight, i wouldn’t able to defend myself because he has a greater force.
:mamoru:
and NO i don’t want to shoot anyone…
Something LIKE this happened to me the other day and I was just weighing out the possible outcomes and it made me think about defense laws…