What Would happen if I kill someone out of self defense but the gun was illegal?
like in this situation we provide clear evidence of self-defense.
but I had the unlawful possession of a firearm and/or possession of a stolen fire arm
Guns laws in states are different im in Washington btw
- 1 day agoFavourite answer
Probably manslaughter. If you used a weapon that you should not have had, then you should not have had it. If you didn't have it, then that person you shot in self defense may not have died. Having an illegal gun doesn't ever exempt you from serious charges, regardless of the situation.
- JohnLv 413 hours ago
Means you'll go under second degree murder charges in the very least. Unlawful possession means you planned your murder anyway.
So you won't be living on skid row in your future youll be riding the greasy spoon of your cellmate somewhere deep and dark locked up for life.
- FrankLv 71 day ago
You could be charged with the possession of an illegal firearm. But it really depends upon the laws of the state/country in which you live.
- STEVEN FLv 72 days ago
Yes, it is possible to be charged with illegally possessing a weapon even if the actual use of the weapon was legal.
That actually does NOT vary by state.
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- xyzzyLv 72 days ago
If you can prove self defense that you will not be charged with murder or manslaughter or will be found not guilty at trail. But you would be charged with illegal possession of a firearm and possibly other charges such as Aggravated Assault.
- eyecue_twoLv 72 days ago
They are 2 different things. The death might be justified but you would still be accountable for possession of stolen property
- Anonymous2 days ago
Good question. If somebody was going to shoot you and you managed to wrestle one of the guns away from them and pointed it at them But didn’t shoot them but then they pulled out another gun or a knife and tried to shoot or stab you and you shot them in self defense, would it matter that it wasn’t your gun? After all you weren’t necessarily license to have that gun and it wasn’t yours, because you took it from them which in a sense is theft. But would any court actually hold that against you if you were trying to protect your life by shooting and even killing them under the circumstances?
- Anonymous2 days ago
I know you want to look at the law in black and white terms, but the circumstances matter. And without knowing all the details the answer to your question can vary widely. In some instances no charges would be brought, in others the prosecution, judge or jury of your peers may disagree with your self defense assessment and you would be charged for the killing. In others you may not be charged with the killing bit given the maximum for the gun possession in the interest of justice.
- curtisports2Lv 72 days ago
Laws vary by state. In all states, you would face charges for illegally possessing a firearm, stolen or not, and if stolen, probably additional charges. In some states, such possession could deny a self-defense claim from being used.
- SlickterpLv 72 days ago
You can be charged for that part of it. Would you be charged? Hard to tell.