Posted on 11/28/2006, 5:14:05 PM by kiriath_jearim
The Second Amendment gives Americans the right to keep and bear arms, but when can we use them? The NBC2 Investigators set up three different criminal scenarios and with the help of a legal expert, we find out- do you shoot or don't shoot?
It was a dark July night in Southern Utah when Carl Coltellino made a decision that would change his life.
"I said get the [expletive deleted] out, get the [expletive deleted] out. I'm not the kind of guy that minces my words," said Coltellino.
An intruder forced his way into the family's motor home and refused to leave. Following a lengthy struggle and fearing for his family's safety, Coltellino shot the intruder with his shotgun.
"The gun went kaboom and out he went, out the door, and that was that," said Coltellino.
The 26 year old man died from a single shot to the back of his head.
If you were ever in a situation like that, what would you do?
We set up three different scenarios and asked Dr. Pam Seay, attorney and criminal justice professor at FGCU, to be our expert.
Our first scenario, you're in your home and someone's breaking in. Shoot or don't shoot?
"If you are in your home, it is automatically presumed that the person breaking in is going to harm you, so you do not have to prove it in court," said Seay.
In the second scenario, you're driving in your car when you get into a dispute with a fellow driver. He gets out of his car, comes over to yours and yanks the door open.
"If I am in my car and someone comes up to me and opens my door, it automatically puts me in peril, in bodily harm, perhaps death," said Seay.
In the third scenario, you're walking in a dark parking lot and someone approaches you in a threatening manner.
This situation is a bit fuzzier because we didn't specify if the person has a weapon.
"If someone walks up to me and has a large pillow in hand and whacks me, I don't have the right to shoot them with a gun - that's completely unreasonable," said Seay. "In this statute it talks about non-lethal versus deadly force. I'm allowed to use force to force."
In the "Stand your ground" law signed by Governor Bush in October 2006, people who feel they are under attack have the right to meet force with force instead of having to retreat.
"If you are in a situation where you're being victimized, you do not have to remain the victim," said Seay.
"When the bullet hits something, it's very destructive. You can't call it back and it's on a path and has a mind of its own. Your responsibility lies into knowing when you can pull the trigger and having the restraint and knowledge of whether or not it's time to do that," said Lee County Deputy Jack Bores.
Opponents of the law say it's a shoot first, ask questions later rule and worry Florida could revert back to Wild West days.
"People have not gone out with their guns drawn saying, 'Yeah, come on.' The reason they cannot do that is also within the statute. If you are an aggressor, if you are the one doing the provoking, you lose that self defense," said Seay.
Prosecutors determined Coltellino used the gun in self defense, but killing a man is a reality he has to live with for the rest of his life.
"If you do want to carry a gun, get the training, get the permit, do everything legally, and by all means practice, and then pray that you never have to use it," said Coltellino.
This story is in no ways meant to be legal advice. The decision to shoot will always depend on your specific circumstances.
Florida was the first state in the nation to pass the stand your ground law. Seven states have since passed similar laws and ten other states are considering it.
Maybe the dino media is starting to learn the Constitution.
You are in your home. A man kicks the door in and shouts "I will kill you all!" Then he shoots your wife and shouts, "You're next, mister!" Do you have the right to shoot this invader? The answer, of course, is "No", doing so would infringe on his right of self expression. Other states, I gather, have different laws.
I wouldn't want to explain why I shot a guy in the back of the head with a shot gun. Self defense would be hard to show on that one.
No it doesn't. The Second Amendment enumerates your right to keep and bear arms. Rights are not granted by the BOR.
This reporter doesn't know squat about the Constitution.
L
Well, I have a Mass permit and learned in "gun safety" that I must prove I had no means of escape if I find an intruder in my home at 3 am wearing a mask and carrying a gun...
You are not far off the mark
Defense of others...
And it will be hard. But the alternative might be allowing himself to be killed and living with THAT knowledge for the (very brief) rest of his life.
Just to be clear, your right to bear arms is inherent in your being, the Second Amendment prohibits the government from trampling over a right you all ready have. The government, or the Constitution, does not give us our rights.
Well, gee, Sherlock, ain't that point?
You can't call it back and it's on a path and has a mind of its own.
Ya think maybe if we attach some human qualities to the bullet that it'll make it all better?
I swear, as I read the news today, it appears as though everybody making the news is competing for the Stupid Nitwits Award or something.
In Texas, you don't have to - we're allowed to shoot fleeing felons.
I see a gameshow on the horizon.
what about skipping felons? or crawling felons?, or sauntering felons? If so, I'm moving to Texas! http://sacredscoop.com
The gun grabbers always drag out this Wild West scenario. I'll bet that most of those towns back then were a lot safer than some of our major gun control inner cities are today.
Grudgingly...
He quickly turned away just as the trigger was being pulled:)
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