Quote (Thor123422 @ Sep 4 2020 12:42pm)
Would him being illegally carrying impact his self defense claim?
Like, you killed a guy with a gun you weren't legally allowed to have, so by putting yourself in that situation illegally you can't claim self defense.
yes and no.
if he was a WI resident, as far as i know, any illegal act committed with a gun you're illegally possessing is criminal with no defense. im not 100% sure tho how far that extends and if loss of life or other factors negate it.
however if it's charged under federal statutes because he crossed state lines that rule doesn't apply, and self defense is applicable. the law was made in WI and other states to dissuade people from escalating situations with guns, like where someone intends to brandish a weapon to intimidate and it leads to a panic where a fight happens and someone dies. WI previously didnt have concealed carry, it does now, and open carry was always legal, with a permit he didnt have ofc. Illinois is even more stringent, and VERY harsh on crossing state lines. research FOID cards if you are curious.
but given the confusing landscape of jurisdictions and him being underaged, and him killing someone, idk. its a mess. i'd bet if i had to on self defense remaining on the table tho.
This post was edited by thesnipa on Sep 4 2020 11:56am