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Reply #57: This is NOT blanket immunity!! [View All]

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Home » Discuss » Topic Forums » Guns Donate to DU
Oneka Donating Member (319 posts) Send PM | Profile | Ignore Fri May-13-11 05:57 AM
Response to Reply #51
57. This is NOT blanket immunity!!

(a) An individual
7.16 who uses force, including deadly force, according to this section or as otherwise provided
7.17 by law in defense of the individual, the individual's dwelling, or another individual is
7.18 justified in using such force and is immune from any civil liability or criminal prosecution
7.19 for that act.

If you shoot an innocent bystander, you are not using force "according the this section" and therefore not justified in using such force.

And also therefore not immune from civil and criminal liability.


Iow,, you are only immune if you are justified in using force, killing or injuring an innocent bystander is is never justified as a result of this statute.


This bill ABSOLUTELY distinguishes civil liability protection, from suits brought brought by injured criminals, and injured innocent bystanders.

The relevant portion of the statute that is germain to the above(according to this section) is quoted here below. note that no authorization is given (according to this section) to kill or injure an innocent bystander.

"Subd. 2. Circumstances when authorized. (a) The use of deadly force by an
6.22individual is justified under this section when the act is undertaken:
6.23(1) to resist or prevent the commission of a felony in the individual's dwelling;
6.24(2) to resist or prevent what the individual reasonably believes is an offense or
6.25attempted offense that imminently exposes the individual or another person to substantial
6.26bodily harm, great bodily harm, or death; or
6.27(3) to resist or prevent what the individual reasonably believes is the commission or
6.28imminent commission of a forcible felony."

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