Quoted:
Quoted:
Simple question:
Had that happened in a free state could a citizen have capped that fvcker with minimal retribution?
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Shivan, the way I understand the law (at least in NC) is, yes, you could have legally used deadly force to prevent the attacker from shooting the lawyer.
The criterion is that the person you are defending has to retain the right of self-defense and was not the instigator.
Here lies the problem....
Let's say you walk into a 7-11 and observe a young, scruffy guy getting ready to cap an old man. Your initial impression is that the old man is being attacked with lethal force and you feel justified in drilling the young kid to protect the old man.
What you missed was that the old man actually started the confrontation and used a knife to attack the kid. The knife was knocked out of the old guys hand but the old guy still had not withdrawn from the confrontation, hence he was still the instigator and has lost the right of self-defense. Legally you have no right to come to his aid, as he can't legally defend himself.
He must surrender and withdraw from the confrontation. Once that is done he regains the right of self-defense. If the young guy still pursues him after he surrenders then you could legally protect him.
If we use the lawyer on TV as the example its pretty safe to say that we have no idea what took place prior to the actual filming of the shooting. Let’s say that the lawyer may have tried to stab the fat guy with the pistol . Fat guy was just defending himself. I know it’s kind of far fetched but it illuminates how tricky this stuff is. Had that been the case then, no, you could not have legally defended the lawyer, as he didn’t possess the right of self-defense.
Generally speaking CCWs are issued only to defend your self from deadly attack. In NC lethal force can also be used to prevent a deadly attack on another person, as long as that person possessed the right of self-defense (was not the instigator). Deadly force is also justified to prevent rape.
Lot of gray areas in the use of deadly force and you can always assume that you'll be arrested and investigated any time deadly force is used.
Of course I have a good friend who DOA'd an armed mugger in SC. No arrest, just a pat on the back from the local sheriff.
Kind of a long-winded answer to your question but I think I got this right (if anyone catches an error please correct me).
Paul