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Is this legal or illegal?
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Is this legal or illegal?

like if a guy breaks in your house and shoots your brother and u happen to have a gun in your hand and u shoot that guy that just shot your brother. is that illigal or leagal?


    




richard
Rating
You pose an interesting question since you leave out so much information that needs to be considered. A responding officer would seriously question why you just happened to have a gun in your hand if you used that phrase to the officer. The technical definition for the use of deadly force is the ability to protect yourself or another against a potential life threatening situation.

Your question makes for a difficult answer. If the man who killed your brother spins towards you then your life is in jeopardy and you have the right to defend yourself. If your brother is shot but, you have reason to believe he is still alive you can defend your brother by shooting the man in question. If you know your brother is dead and the man doesn't even bother to look your way then you can order him to stand down while you call the police but, if you kill him you will be looking at a murder charge. Again that depends on the state but, it would be considered a revenge killing instead of self defense in a majority of states. To get an accurate answer you really need to supply a more detailed question.


Jim K
"illigal" or "leagal"? I'm just amazed that you can spell these words to differently. No gun for you!


rachelinjapan24
Rating
It's legal because it's self defense. Why? Did this just happen? I like to imagine that this just happened to you and instead of calling the police you logged into Yahoo Answers.


moe
Rating
I dont know where you live but I believe that if you are in fear for your life or the life of a friend or family member that it is called self defence, As long as you think that the guy is going to shoot you also and you think you are in eminent danger you can shoot him if he is a threat and you believe that you are next to get shot


Terra Incognita
Self defence don't you think


Angela E
Rating
If some one breaks into your house and shots your brother and you have a gun to you can use it as self defence cause you would be afraid you are next to be shot so no it isn't illigal to shot the man/woman that shot your brother, unless it was an accident and then it would be leagal.


vamp
Rating
in most places it is considered self defense and not punishable.


DAVID B
Rating
If it isn't,it should be!!


marquita
Its self defense and its covered under the bill of rights, however, don't let it be an off duty cop, because the rules seem to change, been there, done that.


PALADIN
Legal


ah'stee'ah'dil'g
legal bro.---as long as your handgun is registered


TP
Rating
you could claim self defense...You didn't know if the intruder would shot you next, right?


elizaa
u were defending urself so it's legal. especially since he shot ur brother.


NoBraincells
would it matter at the time?


tripledigit67
Depends on the crime your brother commited LOL! Blow their $hit away!


drew_tease
It is legal, but if the guy that shot your brother then fell down to the ground and you start chopping him like he was a meat sack that is illegal. Or if I were you I would shot him on the leg and kick the $hit out of him, that is still legal.


mango123
legal


< Roger That >
Rating
In some states, as soon as the guy enters your house you have the right to shoot him, as long as you legally own the gun. If the dude shoots your brother, you still legally have the right to shoot him in self defense.


gimpalomg
Rating
States differ on the details but normally lethal force is legal when used in the defense of yours or anothers life.


?
Rating
It's legal in Mississippi. They just made a new law here that makes it harder for the criminal to sue the victim when he gets hurt doing a crime. You have the right to defend yourself and your property.


someonecanbme
yeah-were you really asking?


browneyes
shoot him he was threatening you first


ShouldBeWorking
It's usually legal because it's considered self defense. But, anything using self defense as an arguement can be tricky. There is little time to figure out who attacked who first, etc.


suppy_sup
It's legal, your right of self defence.


primemender5
I am not lawyer.

From you brief description, I believe it would be considered justifiable homicide

That doesn't mean that the family of the dead person will not take you to court to prove wrongful death. That depends on law of the state the death occurred in.


airbob61@verizon.net
The taking of a human life when there is eminent danger that this person is a threat to your life or another persons life has always been a lawful act in American jurisprudence. It is called justifiable homicide.


AuntieKJ
Rating
Both. The gun must be registered and you will probably be charged with Manslaughter.in self defense.


ratboy
Rating
Legal. Since he shot your brother on your property, there is no question he is a threat to your life. As such, you are allowed to use lethal force to defend yourself, your home and your family.


Megan
Legal because you killed a criminal.


★Fetal☆ ★And ☆ ★Weeping☆
Rating
Here we have what's loosely known as the "make my day" law. If someone breaks into your house, you can shoot them. But only if they're in your house trying to hurt you. My grandpa always said he'd just shoot them before they came in and drag them in after,lol.





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