Monday, November 16, 2009

Is it still self-defense if an illegal weapon was used?

If somebody killed somebody to save their own life (was being robbed, mugged, raped, etc.) but used an illegal weapon (illegal switchblade [in some states], machete, gun bought off the streets, etc.) would it still be self-defense?

I assume the defensee (word I made up, the person who killed in self defense) would still get the weapons charges, but would they still get manslaughter or murder?

Also, this might seem farfetched, but what if you run a red light, are speeding, or some other traffic violation, to run over a guy with his gun aimed at you?|||Self-defense could apply in both instances, provided you have the evidence and witnesses to prove that you were in a position and circumstances where you had to defend your life. Unlawful weapons charges may be filed against you as a formality, but could be dropped or reduced if self-defense is proven.|||you would probably still get the weapons charge. Judge Andrew Napolitano talks about situations like this in his first two books.|||I THINK IN SELF DEFENSE WHAT EVER U GET YOUR HANDS ON TO PROTECT AND DEFEND YOURSELF WOULD JUST BE THAT TO PROTECT YOUR SELF BE IT BASEBALL BAT /SHOVEL /LEAD PIPE KNIFE ETC....I WOULD RUN THE SUCKER OVER TWICE IF HE POINTED GUN AT ME ...|||Self defense against a manslaughter charge, yeah you would get off. There would be weapon charges brought against you though. As for running over someone while speeding and he had a gun pointed at you, well- you might get caught on that one as he would claim self defense against a nut driving recklessly and too fast.|||No it would not be illegal. Your using it in self defense. Now if you have a gun and you dont have a permit to have that gun they may give you a ticket for it not being registered and confiscate the gun, but it wont be anything serious. I learned in class there was a guy who was walking down the street with a gun, and went up to another man and said take this gun and shoot me or ill kill you. Well the guy did it, and got away with the self defense. I don%26#039;t know exactly how they proved it, i believe there was other witnesses, but all in all, if your defending yourself and your life is in danger you have the right to defend yourself in whatever way deems necessary.

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