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

Updated 2 days ago:

Guns laws in states are different im in Washington btw

13 Answers

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  • 1 day ago
    Favourite 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.

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  • John
    Lv 4
    13 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.

    That's what.

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  • Frank
    Lv 7
    1 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.

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  • 2 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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  • xyzzy
    Lv 7
    2 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.

    • Nuff Sed
      Lv 7
      1 day agoReport

      If it's self-defense, then it's not a crime, let alone "aggravated assault".  Yes, possession is a separate crime.

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  • 2 days ago

    They are 2 different things. The death might be justified but you would still be accountable for possession of stolen property

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  • Anonymous
    2 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?

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    • Nuff Sed
      Lv 7
      1 day agoReport

      Disarming an attacker is not "theft". On the other hand, if you kill them with their own weapon, after having taken it away from them, you could be charged with a criminal homicide (e.g., manslaughter).  Were it a knife, in Cambridge MA, you could be charged with first-degree murder.

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  • Anonymous
    2 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.

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  • 2 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.

  • 2 days ago

    You can be charged for that part of it. Would you be charged? Hard to tell.

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