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The Range
Law & Order
Civil Immunity After Shooting?
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<blockquote data-quote="jhat" data-source="post: 1787906" data-attributes="member: 11866"><p>The statute creates a presumption that the prosecutor or plaintiff, in a criminal or civil action, would have to rebut. For example, if it was a hot summer day and myself and a friend were in my den and heard my kitchen sliding glass door open, and upon investigating we observed, in the well lit kitchen, a bare footed, shirtless teen age boy wearing shorts take a can of beer out of my refrigerator, if I shot and killed him, my ass would be in some deep s--t. The fact that he was in my house would not protect me, under the law, because he clearly was not a threat. I would be prosecuted for murder and sued in civil court. Each case turns on its own facts. The statutory presumption is not absolute. Proceed with caution my friends!!</p></blockquote><p></p>
[QUOTE="jhat, post: 1787906, member: 11866"] The statute creates a presumption that the prosecutor or plaintiff, in a criminal or civil action, would have to rebut. For example, if it was a hot summer day and myself and a friend were in my den and heard my kitchen sliding glass door open, and upon investigating we observed, in the well lit kitchen, a bare footed, shirtless teen age boy wearing shorts take a can of beer out of my refrigerator, if I shot and killed him, my ass would be in some deep s--t. The fact that he was in my house would not protect me, under the law, because he clearly was not a threat. I would be prosecuted for murder and sued in civil court. Each case turns on its own facts. The statutory presumption is not absolute. Proceed with caution my friends!! [/QUOTE]
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