Employee shoots at suspected robbers

[ileus]

http://www.abc27.com/story/16213213/employee-at-palmyra-business-shoots-at-robbery-suspect

"If an individual comes at you with your fists you can't just come out and shoot them," said Stephan Zawisky, an attorney in Carlisle, who is not associated with the case but was able to fill abc27 in on the legal side of our 2nd Amendment right.

He says when a weapon like a gun is used to protect the home or even workplace there is one phrase that must be kept in mind; "Deadly Force."

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Here's something everyone can enjoy... (read the comments section)

[OneTenthofOnePercent]

1. If there is a large physical disparitybetween the attacker and the victim...

There is certainly a chance the victim can be killed or seriously injured.
Lethal force in such a case would certainly be allowed if it was genuine self defense.

Did you know that in recent FBI crime studies, "Hands and Feet" kill more people annually than "shotguns" or "rifles" or "assault weapons"?

[Nuclear Unicorn]

2. Does the law recognize a "little guy" defense?

Honest question.

[Lurks Often]

3. The term is "disparity of force"

The police and military have different rules. Keep in mind each state is different, but the generally accepted threshold for use of deadly force for a civilian is if you reasonably believe you are in danger of death or grave bodily injury. What defines "disparity of force" is a variable, so as a 40 year old adult male, generally I can not shoot a single, unarmed attacker.* However I have a female friend who is 66, weighs about 105 pounds and is about 5'2'', it is probable that she could shoot the same attacker and not be prosecuted. Now if that same attacker now has a tire iron, baseball bat, knife or other "non distance" weapon, I can not shoot him until he can get close enough to me to be a threat, which for a knife is a 21 foot threshold. (Google Tueller Drill for a fuller, better explanation of the 21 foot threshold). Add a distance weapon to the equation: gun or bow or spear gun, then I am justified in engaging him at the maximum distance a REASONABLE person would consider the weapon to be deadly at. The spear gun might kill you at 5 yards, but no one is going to consider the spear gun a threat at 50 yards. Keep in mind that GENERALLY you have about 1-3 seconds to make the decision on whether or not to shoot. I'd suggest the book "In the Gravest Extreme" by Massad Ayoob for a much lengthier and better explanation then one can do here.


*Now if that single attacker is 6'8", 400 pounds, none of fat, who can rip my arm off like we can open a bottle, then the equation has changed. Of course this was an intentionally extreme example, but I use it to make the point that there are always exceptions.

[rrneck]

4. I had a helper named Pete for a while.

Pete was a thug. He had spent several years installing granite counter tops and was unnervingly strong. It was said around the warehouse that, "Pete won't beat on you till you've had enough. He'll beat on you till he's had enough."