2 of my buddies were robbed at gunpoint last night in a Detroit Gas station for $70.00 and a cell phone.
Both of them have CCW permits but only one was carrying.
As the 'gentleman' was making his 'departure' one of my buddies accidently fired a few rounds in the 'general direction' of the gentleman who was now in possession of their $70.00 and cell phone.
He indicated he was not aiming at the 'gentleman' cause he wasn't 'sure' what the legal issues were if he were to hit the 'alleged' assailant.
My question is could of he legally took the 'gentlemans' head off or is he potentially in deep $hit for shooting at this guy as he was running away.

PS
The above story is fictional and any resemblances to any armed robbery that was reported to the Detroit police today is purely coincidental

 

Hmm, not sure but I don't think you are allowd to shoot back if they are already running . Some years ago my brother had some guys in an ally across from his house shoot at him, which resulted in the death of his friend. Anyway he shot back with his mini 14 and the police confiscated his rifle. he never got in trouble for shooting, and he never got his gun back. He was going to sue but it was not worth the time and money. So I wouldn;t tell any cop I shot at someone, be better off picking up the shells then reporting it

 

A concealed weapons permit is a permit to carry not to shoot. I would just not tell anyone if this did happen. If he really wants to shoot someone (meaning self/home defense, not malicias killing) he should buy some non-lethal ammunition and NOT aim for the head or heart.

If someone shoots you in the stomach and you blow that guys head off chances are you are going to jail.

Your only real chance of not doing time is when your home is invaded and the safety of you or your family is at stake.

BTW Your freind is only the 2nd person from MI that I know of with a concealed weapons permit. I know about 25 guys from IN with carry permits.

One other thing is that a "concealed weapon" firearm is a pretty poor choice for home security. A shotgun made for home defense is the best choice. A key factor in the usefullness of a home security gun is intimidation. And a shotgun can not be matched. Plus non lethal or Very lethal ammo is available. Even low power rounds which protet other family members in the house.

If I can't be fast at least I know a little about this stuff.

 

We had a Detroit attorney in our CCW class that defended cops that were involved in shootings whether they were off or on duty. If you or your suspect is retreating and your life is not in emminent danger, then you cannot blow the bad guy away. If these guys had CCW's they should have gotten a handout in class that spells that out. You generally get in more trouble with a gun on you then without (although I would carry one if I was visiting an undesireable neighborhood).

 

As a general rule of thumb, you are only to use deadly force when deadly force is applied. If its a matter of someones life you have every right to defend it, but as soon as the criminal turns his back and walks (runs) away, your life is no longer threatened.

Also remember if you shoot somebody and don't kill them, chances are that they would file a civil lawsuit against you for damages (medical bills, lost wages if they actually worked, pain and suffering, etc.). Next thing you know the guy that robbed you that you shot in the back could actually own you

 

If you shoot someone in the back, its murder or attempted murder.
You can only shoot if your life is in danger, once the robbers turned around and started to leave the scene, your friends life was no longer in danger, therefore his self defense deal would be no good.
I dont know how to sum it up and better than that. If he would have hit the guy, he would be in for some trouble......law suit from the robber and a criminal case. If your gonna shoot him, make sure hes dead so he cant sue you. Every cop I know telle me the same thing.
If its on your law, drag him in the house.

 

You're freind wasn't too smart the other night. He should know the law if he's going to carry the weapon in the first place. He would have been on his way to prison if he had shot the assailant as he was departing the scene. CCW is for personal defense not revenge. When the assailant turns to run away, that's what it's considered when someone decides to shoot them. I don't want to sound like the self righteous gun haters and I'm not. But if any one is going to own a weapon, they should do so legally, and know all the laws they have to deal with. I've had guns around me all my life. I've also kept this in mind- If you're going to own a gun and decide to pull it out in self defense be ready for the consequences. Never take out your weapon unless you ARE ready to kill another person.

 

Yea I figured as much, I don't own a gun but I was pretty sure the guy had to be at least facing you for you to shoot them
I half jokingly told him he should have called him the N word or something so he would of turned around but that wouldn't have been very PC not to mention he'd probably have been charged with a hate crime to boot

 

These types of incidents is what hurts the freedom to carry arguement. Your buddy did a HUGE no-no. But he did do the right thing by giving up the $ and phone. It isn't worth the hassle to shoot someone over that stuff, only worth it if you feel you will get seriously hurt / killed.

 

lmao but that might have worked out in his favor