COMMENTS:
Isnt it already legal?
The law says you can use reasonable force, so if you had a gun pointed at you, you could reasonably shoot them in self defence.
Only in a 'kill or be killed' situation.
I abhor killing, but if someone was going to fatally threaten my child, there'd be no contest. Mother Nature would take over...and she's red in tooth and claw.
Wouldnt dare get in the way of you in a rage babe.... I wouldbe to afraid lol.
Yes, I'm a tigress when it comes to my cub. No question. But it's OK, don't run, I usually purr like a pussycat. :)
Of course you have a right to defend yourself. If someone attempts to kill me then they forfeit their right to life. Don't like it? Then don't attack people.
This question is laughable on it's face.
In a "kill-or-be-killed" situation, "the self-preservation instinct" a.k.a. "the survival instinct" kicks in which is an instinct which most of us (except for suicidal types and suicide bombers) CANNOT disobey. However, even though it is legal to kill somebody in self-defense, the "burden of proof" thereof will legally rest squarely on the shoulders of the survivor who claimed self-defense after the fact.
It's much better to kill the person, that way they can't sue you. Family of the deceased can, but what can they prove? "Oh, uhh, I really did not mean to kill him, but I aimed for his hand holding the weapon and I missed and hit his heart/head."
As long as you have reasonable deniability, you should be okay. You'll lose your gun (assuming you used one) and be jailed, but if you are found innocent, you will get everything back, and the f*cker will be dead.
The opperative wording is, would any other "reasonable" person have acted similarly? And, did you step up your level of force commensurate with the threat level? You may fire until the threat stops. If you fire and miss, for example, and the person ceases the attack or flees, you do not get to keep plugging away until you score a hit.
Heated shouting and fist waving is not considered a sufficient enough threat to shoot someone, but again, if you kill the person, barring witnesses, how can anyone claim the person wasn't threatening you and that they wouldn't have acted the way you did, considering you felt your "life was in danger." If you are holding the pistol first, then you get into the problem of illegal brandishing... you are responsible for the premature progression up the "force continuum."
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