“WHAT IF…….”

 

 

Jim and I have been teaching defensive firearms classes for a few years now and there seems to be a common thread with all of them.  Usually there is at least one student who presses us with the “What if….” questions – “What if I’m attacked by three guys who want to beat my butt, can I shoot them”?  “What if I catch someone running out of my house, can I shoot them in the back”?  You get the idea.  They want us to tell them when it’s OK to shoot someone, which scares the heck out of me.

 

We start each class with the statement that we are not lawyers, judges or police officers.  When to use deadly force is a personal decision and we merely are showing the student our method of self-defense.  I wish I had a $1 for every time I’ve heard people make statements like “ I have a friend who’s a cop and he told me if I shoot someone on my porch, drag them inside and I’ll be OK”.  Well, that officer must work for a pretty primitive police department.  I guess their technicians won’t be able to follow the blood trail from the porch to where you drag the body – figure the odds.

 

Any one who carries a firearm for self-defense owes it to themselves to be familiar with New York State’s penal code on use of DEADLY PHYSICAL FORCE, which is code number 35.  I’m not going to cover the entire code because it is lengthy but section 35.30, (b), (2) states:

 

He may use DEADLY PHYSICAL FORCE under such circumstances when:

NECESSARY to DEFEND HIMSELF OR ANOTHER from the imminent USE OF DEADLY PHYSICAL FORCE; or HE IS DIRECTED BY A POLICE OFFICER OR PEACE OFFICER TO USE DEADLY PHYSICAL FORCE.

 

A CIVILIAN MUST RETREAT IF POSSIBLE EXCEPT when in his DWELLING or at the DIRECTION OF A POLICE OFFICER OR PEACE OFFICER.

 

Like I said, I’m no lawyer but it sounds to me like you better have a darn good reason for using deadly physical force.  As I’ve stated many times – we are legally and morally responsible for every bullet that leaves our barrel.  We not only run the risk of criminal litigation but civil, which can sometimes be worse.  So, do yourself a favor and get a copy of New York State’s Penal Code # 35 and read it.  It’s better to think about it now than when faced with a horrendous situation.