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Bystander hit during gun disarm.

Discussion in 'GATE Self-Defense Forum' started by trekdesigns, May 1, 2011.

  1. trekdesigns

    trekdesigns

    213
    0
    May 4, 2010
    South Florida
    Hey Mas,

    I've learned alot from just reading you here. Today me and 2 of my friends went to a local workshop to learn gun and knife disarming. The exercises involved grabbing the slide and turning the muzzle away from "me". The First shot is expected to go off, my question is what is my legal responsibility to the round that is fired. Can it be said that I was in control of the guns point of aim at that moment, or is the projectile the responsibility of the person who pulled the trigger?
     
  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

    4,707
    379
    Nov 6, 2005
    Hey Trek,
    I answered this when you first posted, but the answer appears to have been lost in the recent hacking of the GT site.

    To recap: You wound't attempt to disarm a "live gun" unless you believe you'd be shot with it otherwise. Thus, the "doctrine of competing harms" will kick in, i.e., the clear and present danger to you presented by the criminal with the gun outweighs any more amorphous danger, such as a bystander being shot. If a bystander was hit, your attorney would have a very strong argument that the proximate cause of the injury was the criminal's attack on you, not your self-defense against the criminal.

    best,
    Mas