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Posted: 4/19/2007 1:40:28 AM EDT
Suppose VTech allowed CCW, and one of the students, who conceal-carried, shot the killer.

Would that student be liable for prosecution? Under what legal grounds would he not be prosecuted? Would you be arrested?

This sounds like a stupid question because the student was in "imminent danger", but if he was aiding his fellow students, does that actually count as "self defense", or does that fall under some version of the Good Samaritan Law?

Thanks.
Link Posted: 4/19/2007 1:48:37 AM EDT
[#1]
I think the usual laws state something like:

"If you, or an innocent bystander is in danger of being killed, or great bodily harm"

If hes gonna kill someone else, you can stop him. But the same prosecution BS happens to all these cases. He'd need a friggin good lawyer for it.
Link Posted: 4/19/2007 2:14:45 AM EDT
[#2]
Yes, he could be charged for murder. However not likely a DA would pick it up.

In this instance the CCW holder would be protecting self as well as a 3rd party in which a 'reasonable' person would believe their life to be in great danger. This constitutes action of deadly force. Defending a 3rd party is usually lumped in there as well. If the actor believed that deadly force was justified in protecting himself can be substituted for a 3rd party.

Again, the defender could be 'charged' but I highly doubt he would be prosecuted much less convicted.
Link Posted: 4/19/2007 2:24:58 AM EDT
[#3]
Not a general rule of law, but ... Having seen a number of others killed or injured in close proximity to yourself, a "reasonable man" could be expected to believe he could very well be "next".  

Stay safe
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