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Will I get into trouble for using an illegal firearm for self defense?
Say i had a sawed off shotgun (barrel is far less than 16") for self defense, and I shot and/ or killed an intruder during a home invasion. Would I be facing any murder charges or anything else similar because of the firearm that I used?
OK, many of you are saying that I shouldnt have had the sawn off shotgun for self defense use. My situation does necessitate sauch a tool. I live in a townhouse with shared walls that are very thin. This is also a weapon that is based on simplicity and effectiveness. By sawning off the barrel I have gained more mauervability and less range, as well as more spread in close quarters. Also, please stop with the couple word answers.
16 Answers
- 1 decade agoFavorite Answer
The most important thing is that you are still alive. (You can't get in trouble if you're dead.)
Saving the lives of yourself and your family (and all the potential future victims of the perpetrator) is worth the risk of them bringing charges against you for having sawed off the barrel of your shotgun.
Source(s): Get yourself a legal gun, if it's not already too late- (if so, get a lawyer.) - milton bLv 71 decade ago
You would not be charged with murder as the shooting would be self-defense, you would be charged with possession of an illegal weapon. There is no reason to use a sawed off shotgun, a legal barrel will work just fine in the house.
- 1 decade ago
Good question, and I don't know. It's possible that they'd the murder would be ruled an act of self defense, but you might receive a separate charge for owning an illegal firearm, regardless of the fact you had used it to shoot someone. I know someone who is a member of the NRA and owns several non-registered firearms, and I am guessing they would use these same weapons for self defense. So maybe it is OK that it's illegal.
- ShibiLv 61 decade ago
It does depend upon the laws in your area because, during a home invasion, you generally do not have the right to use deadly force for self defense. However, some jurisdictions do permit different degrees of self defense -- it would depend upon the circumstances and your location. But, using a sawed off shotgun would qualify for willful and wanton misconduct in most jurisdictions and would probably qualify you for a murder charge (to a lesser degree than say, felony murder) or manslaughter charge (of a higher degree than say, involuntary manslaughter). Again, the degree of murder or manslaughter you'd be charged with would depend upon your location (jurisdiction) and the specific circumstances.
Source(s): Esq. - How do you think about the answers? You can sign in to vote the answer.
- 1 decade ago
Justification for the use of deadly force (acting in self defense) is a separate issue from being charged with possession of a prohibited weapon. Whether the use of the weapon was legitimate or not will not change the illegality of its possession. At best you would likely face possession charges. At worst, possession + either aggravated manslaughter or murder.
- Anonymous5 years ago
It is illegal to carry a concealed weapon anywhere in the united states. I know some forms batons are illegal. But if it IS a legal baton and not concealed you can carry it. But you might just attract trouble walking around with a stick. A better option is to buy pepper spray and keep it in a bag or something.
- 1 decade ago
Maybe for the self defense... But for the whole owning a sawn-off thing, you would probably go to prison. I really hope this is hypothetical. No good would come out of having something like that.
- mark rLv 61 decade ago
Unlawful use of a weapon, and a felony charge for the sawing off the shotgun.
Get a lawyer...if you are in trouble.
Good Luck.
- 1 decade ago
If your life was in danger and you killed the person hthere will be no problem but if the intruder had no way to defendthemselves or was trying to run away then you could go to prison.
- evilattorneyLv 71 decade ago
You would face illegal weapons charges for the gun. You might face murder charges if you used deadly force inappropriately.
Source(s): 20+ years practicing law