Plain gun laws

[Micah]

Does anyone know where I can find gun laws written in plain English. I am not an attorney and don't want to trip trying to understand laws that were written to be inturpritid by them.

Lookin for basic laws such as...
Someone comes at you with a bat or a knife, can you use a gun for self defense?

Does an intruder have to discharge a weapon before you?

If you have a way of exscape from wherever you are, do you have the right to protect what is ours at gun point? Such as you can run out the back door.

A neighbor calls you claiming they seen someone looking in there window (this part happend last year but I did not carry a weapon). You approach the person and have a weapon. If something were to happen, are you at fault since you put yourself in harms way?

Thanks for the info

 

[eldirector]

Does anyone know where I can find gun laws written in plain English. I am not an attorney and don't want to trip trying to understand laws that were written to be inturpritid by them.

Lookin for basic laws such as...
Someone comes at you with a bat or a knife, can you use a gun for self defense? Yes

Does an intruder have to discharge a weapon before you? No

If you have a way of exscape from wherever you are, do you have the right to protect what is ours at gun point? Such as you can run out the back door. No duty to retreat

A neighbor calls you claiming they seen someone looking in there window (this part happend last year but I did not carry a weapon). You approach the person and have a weapon. If something were to happen, are you at fault since you put yourself in harms way?Their window? Maybe. Your window? No.

Thanks for the info

You are welcome.

 

[HoughMade]

Are you in reasonable fear of imminent (immediate) great bodily injury or death? If so, defend yourself.

What's reasonable? Good question. I could give you the definition, but that won't make it much more clear.

 

[Micah]

Thanks for the help and the answers

 

[jsharmon7]

You should try to attend a class with Tactical Firearms Training, by INGO's own Guy Relford. He goes over just such topics as these, and many others.

 

[BiscuitNaBasket]

If you're looking for a written document that spells it out easily then I would recommend this book:[ame=http://www.amazon.com/gp/aw/d/0984617809]Indiana Firearms Law Reference Manual, Third Edition (Volume 3):Amazon:Books[/ame]

Also, take some self defense classes and a lot of them will go over questions like you have.

 

[youngda9]

Have you tried reading the law? It's not that hard to understand.

 

[Micah]

@jaharmon... Excellent advice. I will try to find one. I moved here from Alabama and concerned about law changes.

@biscut, thank you for the book info.

@youngda9.. Yes I read parts of it. Problem it the law tends to be on the crooks side. This general means one misunderstanding of a law means you as a good guy will go to jail. I just purchased my wife and daughter there first hand gun to carry. I am not willing to sacrifice there freedom over me misunderstanding the law.

Several years ago in Alabama, an older gentleman heard some people outside his house. He ran upstairs, got his gun, loaded it, and stood infront of the door. When a burgler broke in the man shot killing the intruder. That man is now in prison for premeditated murder. Me reading the law would have never seen that he should have ran out the back door and definatly not loaded his weapon with intent to shoot someone.

 

[No2rdame]

The law can be written in a somewhat confusing manner at times, but as others have stated their are resources to assist you. I would recommend printing it out and slowly, carefully reading the IC regarding firearms. If you follow the punctuation carefully and take time to read it you can deduce quite a bit from it. Then, once you have additional questions or clarifications you can always ask away on this board. There are a few that don't know the law but a great many more on here that do.

Oh, and the man in Alabama surely wouldn't be sitting in a jail for protecting himself.

 

[CathyInBlue]

Several years ago in Alabama, an older gentleman heard some people outside his house. He ran upstairs, got his gun, loaded it, and stood infront of the door. When a burgler broke in the man shot killing the intruder. That man is now in prison for premeditated murder. Me reading the law would have never seen that he should have ran out the back door and definatly not loaded his weapon with intent to shoot someone.

Just goes to show why you need to be armed at all times, even at home. If he'd just happened to have the gun on him when the intruder just happened to break in, and just happened to act on reflect/instinct, that premeditation would have been damn impossible to make out, even for the most crookedest of prosecutors.

 

[Water63]

This is were I would point you it has been mentioned her already.


Tactical Firearms Training, LLC

 

[Hammerhead]

IC 35-41-3-2 (c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(d) A person:
(1) is justified in using reasonable force, including deadly force, against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

In plain english: You have the right to self defense, including deadly force, to prevent yourself or someone else from being serious bodily harm or during a forcible felony. I am not a lawyer, but to me, if I ever have to use my firearms for self defense, I am always in fear of serious bodily injury or in fear that someone else is going to receive serious bodily injury. Otherwise I probably shouldn't be using deadly force.

This also says that you have no duty to retreat and can use deadly force when someone illegally enters your home, or your occupied vehicle, i.e. a carjacking.

 

[lww]

If you're looking for a written document that spells it out easily then I would recommend this book:

Broken link; try this instead:

Amazon.com: Indiana Firearms Law Reference Manual, Third Edition (Volume 3) (9780984617807): Bryan Lee Ciyou: Books

 

[BehindBlueI's]

Per IC code:

c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(d) A person:
(1) is justified in using reasonable force, including deadly force, against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.


Honestly, its pretty simple in concept, but can be difficult in application. There is always going to be a gray area, as no law can cover every possible situation. Think of how many different dynamics "reasonable" can cover. If I'm 6', 220lb, and a 5'0" 80lb woman punches me in the face, can I shoot her? What if the roles are reversed? What if there's two attackers and one of me? What if I have a medical condition that elevates my risk of injury, say a recent concussion? What if what if what if....

 

[daddymikey1975]

Oh, and the man in Alabama surely wouldn't be sitting in a jail for protecting himself.

If they had a "duty to retreat" then I can see it going sideways.

Just goes to show why you need to be armed at all times, even at home. If he'd just happened to have the gun on him when the intruder just happened to break in, and just happened to act on reflect/instinct, that premeditation would have been damn impossible to make out, even for the most crookedest of prosecutors.

^ This

 

[fallenangel1]

No matter what, you felt that yours or others lives where in danger. In those situations you're in the right.

I bet the old guy from Alabama screwed up giving his statement to the police alone. He probably said something like .. I heard them breaking in, so I ran and got my gun and waited as they broke in the front door I shot them. "I ain't gonna let no piece of trash break into my house!"

When he should have said.. I heard someone breaking in .. I went and got my weapon and as they broke down the front door I warned them that I had a weapon and that they should get out or I'd shoot.. as they charged me I felt my life was in danger so I discharged my weapon.

Simple distinctions like this is exactly why, no matter what, you never make a statement without an attorney present. You do what you have to do then, when the police arrive tell them that you will not be making any statements until your attorney arrives.