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Open carry question [W:46]

Is it justifiable?

  • yes

    Votes: 10 30.3%

  • no

    Votes: 23 69.7%
  • Total voters
    33
99percenter

99percenter

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If a dude walks into a store with an assault rifle with no intention to commit a crime and the store owner shoots him is that justifiable homicide?
 
99percenter said:
If a dude walks into a store with an assault rifle with no intention to commit a crime and the store owner shoots him is that justifiable homicide?
Click to expand...

Not in my state. I discussed this with a lawyer online. He convinced me a store owner could not shoot a gun carrier for doing nothing more than carrying a gun into a store.
 
Joe Steel said:
Not in my state. I discussed this with a lawyer online. He convinced me a store owner could not shoot a gun carrier for doing nothing more than carrying a gun into a store.
Click to expand...

So the owner has to wait until the dude shoots him effectively not being able to defend himself?
 
If I'm in a parking lot and someone is driving a car there, can I shoot in self defense? After all, they might try to run me over.
 
99percenter said:
So the owner has to wait until the dude shoots him effectively not being able to defend himself?
Click to expand...

I don't think so. I think the owner just has to have a reason to believe he's in danger. That takes more than just seeing the gun.
 
99percenter said:
If a dude walks into a store with an assault rifle with no intention to commit a crime and the store owner shoots him is that justifiable homicide?
Click to expand...




Like most such cases, it would depend on the totality of the circumstances. At this point, you have not given sufficiently detailed information to really judge... but generally speaking NO, it is not okay to shoot someone simply because they are in POSSESSION of a firearm, except under certain particular circumstances.

Brandishing in a threatening manner is different.



So, it depends. Try a more specific scenario and I will give you an honest analysis.
 
99percenter said:
So the owner has to wait until the dude shoots him effectively not being able to defend himself?
Click to expand...



Nope. You have to wait until a reasonable man would construe an imminent threat.


I've explained this on DP at least ten times.

Ability
Opportunity
Intent/Jeopardy behavior.

Simple possession of a weapon is not USUALLY considered expression of intent.

POINTING it would be different.
 
99percenter said:
If a dude walks into a store with an assault rifle with no intention to commit a crime and the store owner shoots him is that justifiable homicide?
Click to expand...

I voted wrong. One of the yes votes should be no.
 
99percenter said:
If a dude walks into a store with an assault rifle with no intention to commit a crime and the store owner shoots him is that justifiable homicide?
Click to expand...

No.

Hell no.

It is, however, highly unusual and because of that it would be perfectly reasonable for patrons to be concerned.
 
99percenter said:
If a dude walks into a store with an assault rifle with no intention to commit a crime and the store owner shoots him is that justifiable homicide?
Click to expand...
Under some circumstances, "Yes," under others, "No." The mere act of carrying a weapon is not in and of itself a reasonable cause to fear great bodily harm or death.
 
99percenter said:
If a dude walks into a store with an assault rifle with no intention to
commit a crime and the store owner shoots him is that justifiable homicide?
Click to expand...
He is standing his ground and reading that "type" of body language.
Of course he is .
 
Goshin said:
Like most such cases, it would depend on the totality of the circumstances. At this point, you have not given sufficiently detailed information to really judge... but generally speaking NO, it is not okay to shoot someone simply because they are in POSSESSION of a firearm, except under certain particular circumstances.

Brandishing in a threatening manner is different.



So, it depends. Try a more specific scenario and I will give you an honest analysis.
Click to expand...
If the rifle was shouldered, it's murder. If the patron were holding it in his hands, it might not be murder.
 
American said:
I think it would depend entirely on how the patron carried the rifle.
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American, for once I can agree with you.
This is clearly a "stand your ground" issue .
 
why should the store owner have his "rights" infringed upon by you 2A "rights" people pushing your "rights" too far ?
Thrilla said:
the store owner has to read the person..... a person with no intent to commit a crime will not show himself to be a threat.

simply open-carrying a gun does not equate to a threat.
Click to expand...
 
NIMBY said:
not if he's pointing it--
you folks call it "stand your ground" in Florida .
Click to expand...

i'm not in Florida....

why are you assuming a person that does not intent to commit a crime would carry the rifle in a threatening manner ( which is a crime in and of itself, thereby negating the whole "does not intend to commit a crime " argument put forth by the OP.)

of course, i'm making an assumption that a person who does not intent to commit a crime would carry their firearm in the correct legal manner.... but my assumption is more in tune with reality than yours.
 
NIMBY said:
why should the store owner have his "rights" infringed upon by you 2A "rights" people pushing your "rights" too far ?
Click to expand...

his rights are not infringed in any manner whatsoever by anyone simply carrying a firearm.
 
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