Legal Self Defense or Crime?

With the current absence of a legal firearm which I probably will get in the next year, I'm thinking of getting a taser (pulse) gun which is legal in California. Has nothing to do with TEOTWAWKI just an additional legal source of protection as there are a lot of stupid violent people in the Los Angeles area. This would be my last option if someone was attacking me/about to attack me physically in the moment.

My question is this, if someone was a non-law enforcement officer, and they came toward me brandishing a firearm in the open (not legal in CA), can I legally shoot them first with my taser gun (assume I have no place to run) or am I breaking the law? Would it make a difference if the person said something to me or not or if I've had a verbal confrontation with this person in the past. Thank you for your response.

 

You would have to check California self defense laws, i.e., codes for what constitutes assault, murder, etc.

 

It's a fool who acts as their own counsel...and it is doubly foolish to rely on the questionable advice of unqualified, non accredited, barrack room lawyers...one may just as well ask some random customer in some random barber shop near to where one lives or works.

If, acting upon any pseudo legal advice from the peanut gallery here the enquirer finds themself in the slammer, I hope they let the monkey tree know the outcome...
We would be idly curious as to which bit of misinformation brought one undone...I for one won't make the same mistake of using questionable advice based on unsound assumptions.

The applicable laws concerning the self defence defence to the application of force on another varies from jurisdiction to jurisdiction, and they change over time...One would have to argue that at the time one acted, one believed that use of force was necessary for self defence when being attacked or threatened with being attacked; and that the force exercised was reasonable under the circumstances. Excessive use of force in self defence may result in offences of assault, or if fatal, in manslaughter.

DISCLAIMER
Nothing in this post constitutes legal advice, or gives rise to a lawyer/client relationship. Specialist legal advice should be taken in relation to specific circumstances. YMWDV

At the end of the day, it is not the LEOs who investigate the incident that one may need to convince, but the jury if one is committed to trial as a defendant.

Oh, and by the way...try not to pull the sovereign citizen schtick if fronting court as a result of tasering someone else...it doesn't play well in a real court, and may result in discovering what one's tasered target must have felt like, when one was applying self defence upon them with a taser.

 

Well, at least Joe Snuffy is certified, if not certifiable.

 

Welcome back ED GEIN, Someone told me you were out Hobo'n and riding the rails?

Shoot their ass Ed,Grab the gun and run like the wind,A fellow can never have enough guns!

 

Hello @ED GEiN and welcome back. I applaud you for wanting to protect yourself but I think it would be best if you did consult someone in your area. A quick google search shows that there are certification classes. Taser Certification for Los Angeles, San Bernardino, and Riverside counties In my opinion, it would be wise to take a class. This would add a layer of protection for you as an individual if you ever had to discharge the taser. That class linked above may be garbage but seek out a reputable gun shop and ask them if self defense/taser classes are available.

Just a quick read of the taser law in CA leaves some areas that gives the state an opening to put you behind bars:

The first bullet is huge. That gives the legal folks a lot. I have met very few active addicts that admit they are an addict. But for the law abiding citizen if they have been on codeine cough syrup or pain killer for dental work, you could be considered and addict. Makes me question who determines who is an addict. In my opinion if you take a daily dose pain killer for back pain you would go directly to jail.

Yes, in California it is legal have a taser and it says there are no restrictions but there are restriction.... IMO CYA. Take a class that certifies you. They will teach you the proper procedure of what to do after you use it also.

 

Get a telescoping baton too.
Videos of police tasering and beating the hell out of people with a baton looks fun.

 

I will add that tasers are ineffective, and NEVER to be relied on to save your life.

 

California Self-Defense Laws (Criminal Lawyers Explain)

 

Legal or not I would do what I needed to do if I thought my life was threatened.

Is it legal? In social justice SoCal you would probably need as many intersections of favored identity politic groups as possible to not have to worry. If you are male, a non-adversely impacted race(i.e. white), cisgendered non gang member or do not already have a criminal record you are probably screwed and will spend the rest of you life having unwanted prison sex. Probably best in that case to just let the other person shoot you.

If the person that shot you has several of the positively viewed societal intersections above then if you recover you will need to apologize, do several hundred hours of community service, and probably have to pay zim a large cash settlement for pain and suffering.

 

my opinion only: a paper trail is always best. If someone is harassing you, report them. I just went through this. Someone made a crank call. The number was blocked but I still reported it to the sheriff's office. Time, date and what was said. Just for safety sake in case something more happened, that number can be unlocked. Always if someone is abusing or threatening you, file a report. I know it sounds weak and makes you feel like a tattle-tale but safety first. The sheriff I spoke to was kind and very nice. He wrote everything down and assured me I was not wasting his time. Plus they will advise you what to do.

 

OH! I am SO saving this one!!
May take a bit for my lame 'puter skills, but I will get this reprinted with my name on it. Gonna frame it up nice and have it on the wall in time for our next team meeting (we have a real attorney in our team)
Thanks @mysterymet !!

 

Dude, take a trip to Nv, get a NAA revolver in .22mag with no paper.
Carry it.
When baddie shows up shoot him in the face 5 times.
Take his gun.
Now you have two guns.
Repeat as necessary.
SSS

 

Good call, I missed the point that this wasn't a potential threat with an unknown, but a possible threat from a known person.

@ED GEiN you need to get your gun and training now not next year. In the mean time stay as safe as possible.

 

Ed, Every state is different concerning self-defense laws. The best advice I seen here is to get with one of the local places that sell them and see if they have a class or talk to your friendly Police Dept.. Call and ask them, "Hey! What are the grounds for self-defense for myself, family and those around me, if purchase a Taser?". Do you have a family attorney? Anyway, I understand your concern... I recently read about a shooting in Wyoming that went sideways in court mainly because the prosecutor wanted it too even though the evidence points to self-defense. Poor guy is sitting in prison even though I am sure he will get free...some day. It is best to know without a doubt especially since you live in California.

 

Thanks I only posted the question because I thought the answer was a given standard answer, one way or the other, which these survival people would know. Apparently not. I'm kind of ambivalent of getting a Taser now because even if I use it in self defense, I could be charged criminally aparently depending how the wind blows or be sued!

 

Thank you very much I'm just amazed as how self defense law is not an absolute standard with a pronounced unequivocal definition to be universally applied. IE if someone is coming toward you with a weapon showing you can legally shoot/stab them first, etc.