Firearms & the Use of Lethal Force Principles

[Jeremy]

Having read the various messages about private gun ownership in the DR, I wonder whether anyone has any idea about the laws pertaining to the use of lethal force in the DR?

While I appreciate that every case will be treated on its merits, what are the legal (criminal and civil) implications if a firearm owner shoots someone who is putting him in imminent or immediate danger of death or serious bodily injury? Would this be treated as a lawful homicide? Is self defence a legal defence under DR law?

Are any distinctions made if the incident occurs in a public place or inside one's private home?

I know this is a bizzare question and no, I'm not planning to shoot anyone, but it is something to consider if you're planning to own a private firearm for self/home defence purposes.

Jeremy

[Juniper]

It's not a bizzare question. I am also interested in finding out the answer.

[Mirador]

A very skittish woman friend of mine told me she once was awakened late at night, while home alone, by a rustling sound outside her window. She panicked and drew a gun from a drawer, and in total darkness and without taking aim she emptied an entire 13 shot 9 mm clip out the window. When she saw the dark shadow lying motionless on the ground, she started to scream. When she calmed down, she called a mutual Colonel friend... The police report read something to the effect that an armed prowler had been shot dead while burglarizing a private home.

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[jruane44]

Alot has to do with who you know. If you know people in high places things are justified just about everytime.

[HOWMAR]

Originally Posted by Mirador

A very skittish woman friend of mine told me she once was awakened late at night, while home alone, by a rustling sound outside her window. She panicked and drew a gun from a drawer, and in total darkness and without taking aim she emptied an entire 13 shot 9 mm clip out the window. When she saw the dark shadow lying motionless on the ground, she started to scream. When she calmed down, she called a mutual Colonel friend... The police report read something to the effect that an armed prowler had been shot dead while burglarizing a private home.

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I wonder what the police report woulld have read if the armed prowler had been an off-duty policeman?

[Jeremy]

Yes, I'm sure that strings can be pulled if you know the right people, but does anyone know what the strict legal requirements are according to law or according to judicial decisions?

Thanks,

Jeremy

[Mirador]

Originally Posted by Jeremy

Yes, I'm sure that strings can be pulled if you know the right people, but does anyone know what the strict legal requirements are according to law or according to judicial decisions?

Thanks,

Jeremy

Shall we say that your question, for all practical purposes, is irrelevant, immaterial and incompetent...

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[kfrancis]

I think we all need to await our moderator's comment on this one, mi amigos.

KFrancisco de Cabral

[Jeremy]

Originally Posted by Mirador

Shall we say that your question, for all practical purposes, is irrelevant, immaterial and incompetent...

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Ha, ha, very amusing! Pray, please explain .... ??

[laurapasinifan]

Originally Posted by HOWMAR

I wonder what the police report woulld have read if the armed prowler had been an off-duty policeman?

off duty police PROWLING around someone home at night is fair game

three of four thugs who tried to highjack my friend, by shooting out his tires and forceing him off the highway were off duty police men.

one of them ended up dead two of the other were shot, and all the living ones went to jail....my friend did not get into any trouble at all.

but I would add shooting into darkness is pretty stupid , if you ask me.

I think the answer would be number one: DO YOU legally own the weapon and have a permit for it....number 1 for sure

number two can you prove you were in danger...thats the catch...your history and all evidence at the scene will come into play......but it will be a lot easier on you to prove self defense in the DR than in america..thats for sure...UNLESS the other guy was VERY well connected...and especially if he lives!!! ha ha ha

bob