You witness a kidnapping in the local park. Is it ok to use deadly force?
By deciding to carry a gun for self-defense, you have taken up a great responsibility to protect yourself, your family, your friends, and other innocents around you. You must now practice and maintain self-control and restraint wherever you go. Situational awareness and staying in a sound judgment when you carry is of the utmost importance. Do not let fights or arguments escalate. You have a responsibility to stay out of a potentially lethal situation. No one wants to have to pull his or her gun unless it is absolutely necessary.
Necessity is part of every states’ laws when you must use deadly force. However, all states differ in their language, but in general, the legal use of deadly force in self-defense the following factors must be present:
- Was it justified?
- Was it necessary?
- Was deadly force reasonable?
- Was death or serious bodily injury imminent?
Therefore, you cannot shoot someone in self-defense if you provoked the attack, you are not in immediate danger, and the attacker must have the ability and chance to hurt you. Many states recognize that deadly force is necessary when someone is committing, or without a doubt about to commit a felony. All states differ on how they define a felony. Some say “forcible felony,” while others specify which felonies, but as a general rule, robbery, burglary, and any other felony that would be punishable with the death sentence is justified reason to use deadly force against another human being.
Of course, the issue is never black and white. Whether you used justifiable deadly force in a situation is up to the law enforcement officer responding to the scene, the lawyers involved, the jury, and the judge all have a say. Some states have laws to protect you against civil court cases for using deadly force. Other states, even though you have proven you were justified, do allow the criminal or the criminal’s family to sue you. Hawaii and New Jersey allow a civil suit against you, even if deadly force was justifiable.