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-   -   Do you need a cpl to exercise self defense (http://www.firearmstalk.com/forums/f97/do-you-need-cpl-exercise-self-defense-41560/)

clip11 04-21-2011 03:37 AM

Do you need a cpl to exercise self defense
 
I noticed in news stories where a self defense shooting occurs, the newspaper is always certain to mention the person had a cpl (if they did have one). To me, the tone of the articles are always that you need a cpl to exercise your right to self defense.

What if you happens if you have a legally owned pistol and you shoot someone in self defense, but you dont have a cpl and it is in public, not in your home? What happens if say you use a shotgun or semi-auto rifle (CPL
s dont cover these) for self defense in public?

CHLChris 04-21-2011 03:48 AM

If you cannot carry the firearm legally, then you are screwed. Being under attack and defending yourself does not absolve the felony.

Perhaps I don't understand. Who would be carrying a shotgun in public? Do you mean, like, you drop by the ATM on your way to the club and your hunting rifle is legally stowed in the trunk. Then when you are robbed and have the opportunity to retrieve your rifle, you use it, and what would happen?

Well, the answer also depends on the attitude of your law enforcement agency.

a) Follow the law
b) Defend yourself in any way necessary

Everything else will just work itself out.

culdee 04-21-2011 03:49 AM

Cpl?
 
I am curious. Am I the only one who doesn't know what a CPL is?

CHLChris 04-21-2011 03:51 AM

Concealed pistol license (CPL)

Carry a concealed weapon (CCW)

Concealed Handgun License (CHL)

They're all synonymous, based on the terminology of your state.

Jpyle 04-21-2011 03:52 AM

CPL = Concealed Pistol License...may differ from a CCW in that certain long arms are not covered under a CPL. Was recently educated on the fact that this is the case in PA...thanks BB. ;)

culdee 04-21-2011 04:00 AM

Ah Hah
 
Thank you gentlemen. I have a NY, PA, and Utah CCW but was unfamiliar with the term CPL. Thanks.

clip11 04-21-2011 04:00 AM

Quote:

Originally Posted by CHLChris (Post 490618)
If you cannot carry the firearm legally, then you are screwed. Being under attack and defending yourself does not absolve the felony.

Perhaps I don't understand. Who would be carrying a shotgun in public? Do you mean, like, you drop by the ATM on your way to the club and your hunting rifle is legally stowed in the trunk. Then when you are robbed and have the opportunity to retrieve your rifle, you use it, and what would happen?

Well, the answer also depends on the attitude of your law enforcement agency.

a) Follow the law
b) Defend yourself in any way necessary

Everything else will just work itself out.

I mean if your shotgun or rifle is in reach for whatever reason, how would that be viewed? Are handguns the only weapon that can be used in self defense?

Jpyle 04-21-2011 04:06 AM

Quote:

Originally Posted by clip11 (Post 490629)
I mean if your shotgun or rifle is in reach for whatever reason, how would that be viewed? Are handguns the only weapon that can be used in self defense?

No, you can use a rock for self defense if it's all you have...the issue is whether the gun used is being lawfully carried at the time. You may not be charged with homicide but you may be charged with unlawful possession of a firearm. The means of self defense should not change the justification of the use of force. Of course the presence of a longarm may bring intent or premeditation into the equation making the self defense claim a bit harder to prove...and you will most likely have to prove that regardless...

Jpyle 04-21-2011 04:23 AM

Quote:

Originally Posted by culdee (Post 490628)
Thank you gentlemen. I have a NY, PA, and Utah CCW but was unfamiliar with the term CPL. Thanks.

Actually in PA you have a License To Carry Firearms (LTCF). Similar to a CPL in that the statutory definition of firearms is as follows:

Quote:

Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.
Those dimensions are important since they define a longarm under Federal law, in short you cannot carry a longarm...only a pistol, very liberally defined.

556plinker 04-21-2011 05:13 AM

Self defense is a universal right. I can't imagine a situation where someone would continue to attack when confronted with a shotgun or rifle so the burden of proof, as always, is on the winner. I would say it would be okay if, while standing in your front yard next to your pickup truck you retrieve your AK or AR and hose a carload of gangbangers who have stopped in the road to shoot up your residence.... do the world a favor, take cover and return fire. If an assailant fires first any long gun use would be permissible with the exception of a back shot. Do not say he was turning around and firing, the musculature assessment during the autopsy will confirm that he wasn't, unless he really was......hold your fire.

In Public, like mcdonalds,the mall parking lot etc., if you are under fire or someone is on a murdering rampage there shouldn't be any sanctions for retrieving a lawfully owned weapon.


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