Self-defense with an ILLEGAL firearm?

[liam1]

I would like to know about consequences of one defending himself with a firearm he hoes NOT have a permission to own/carry? If attacked with a deadly weapon (gun, knife, hummer...) and in the process the attacker is shot and killed, would the victim be able to claim self-defense, and would it stick, if he was defending him-self with a weapon he has no license for? Would he be charge with murder, or just possession? Also would like to know about both cases, where the attack was a home invasion, or where it happened outside and not on the victim's property. Thanks.

[scrubmuncher]

I've already thought that over quite a bit and would go 100% with I wrestled the firearm from him and then shot him. Same wherever it happened as long as no witnesses, if the guy is dead then they don't have much chance to give their point, and I don't think Columbo would be called in to investigate.
With witnesses who would speak out, I'd probably be a bit screwed, interesting thought liam!

[SosuaJoe]

I am not a lawyer, but...

1) Better jail than the morgue

2) You either acted in self-defense or you didn't. Whether or not the weapon was properly registered is irrelevant to that particular legal defense.

3) You will, however, likely get the sharp end of the horns as far as penalties for possession/use of an unregistered weapon.

4) As a general rule, home invasion cases are much easier to prove self defence. You have, prima facie, a legitimate reason to fear for your life -- why else would the intruder be in your house? On the street, the victim's family might very well contend the deceased was out handing out bibles to underprivileged kids when you attacked and shot him dead.

5) Again, better in jail than in the morgue

[badpiece33]

Originally Posted by liam1

I would like to know about consequences of one defending himself with a firearm he hoes NOT have a permission to own/carry? If attacked with a deadly weapon (gun, knife, hummer...) and in the process the attacker is shot and killed, would the victim be able to claim self-defense, and would it stick, if he was defending him-self with a weapon he has no license for? Would he be charge with murder, or just possession? Also would like to know about both cases, where the attack was a home invasion, or where it happened outside and not on the victim's property. Thanks.

If it were me I would say that I was attacked and disarmed the attacker and shot him with his own gun!!! Little white lie

[bienamor]

Originally Posted by badpiece33

If it were me I would say that I was attacked and disarmed the attacker and shot him with his own gun!!! Little white lie

what he said. works for me

[MikeFisher]

Originally Posted by badpiece33

If it were me I would say that I was attacked and disarmed the attacker and shot him with his own gun!!! Little white lie

often discussed, also practised, in a bunch of cases it shoots back.
why?
b/c the owner of that illegal/non registered firearm did one day clean it, put the shots in the clip, put the clip in the gun, cocked the gun, and all that with his own hands.
they will find his prints all over, and they search for 'em. they will not find any fingerprint of the dead attacker on any bullet, the clip or elsewhere, or gunoil rests somewhere on the clothes of that "attacker", so for them it is clear that the defender is a liar, whatcha think will a judge decide if he has to choose to believe your story or to think that you may have set something up and killed that basta$$$ in your house or on that dark walkway for some other reasons??
a person possessing an illegal firearm will at first sure not be seen as an innocent good member of the community, b/c those do not carry illegal stuff around.
so if such happens on a public street/place the family of the dead guy may turn out all to the opposite, you've been the armed offender and killed their son.
imagine the consequences!?!
if such happens within your own property you have better chances to be seen as a defender and the stranger as a offender, you may get it as 'proofed' self defense, but depending on exact circumstances and the dead's family i would not automatically count on it.
the most IMPORTANT point:
Why should somebody who is not a convict/drugdealer/thiev aso should have a illegal firearm???
everybody with a clean record and his own blood free of drugs can get easily the gun permission/purchase a legal weapon here on the Isle.
Mike

[liam1]

Because to get a gun permit you need Permanent Residence, which takes up to 2 years to get.

I wish Dr. Guzman would give his input.

In any case, I'd rather be judged by 12 than carried by 6.

[MrMike]

Yeah I somehow think that unless the home invader is a cop or someone important's relative, there isn't going to be any fingerprinting or checking for gun oil on your clothes or whatever.

The cops will be happy to close the book and go back to doing nothing.

[MirianAmor]

Originally Posted by liam1

I would like to know about consequences of one defending himself with a firearm he hoes NOT have a permission to own/carry? If attacked with a deadly weapon (gun, knife, hummer...) and in the process the attacker is shot and killed, would the victim be able to claim self-defense, and would it stick, if he was defending him-self with a weapon he has no license for? Would he be charge with murder, or just possession? Also would like to know about both cases, where the attack was a home invasion, or where it happened outside and not on the victim's property. Thanks.

I have a firearm and licences to both possess in the house and to carry in Public. However in your case, if you can borrow a licenced gun, that would work. Aternatively, go and invest in a really good quality shovel and dig a big hole. Problem solved.

[badpiece33]

Originally Posted by MikeFisher

often discussed, also practised, in a bunch of cases it shoots back.
why?
b/c the owner of that illegal/non registered firearm did one day clean it, put the shots in the clip, put the clip in the gun, cocked the gun, and all that with his own hands.
they will find his prints all over, and they search for 'em. they will not find any fingerprint of the dead attacker on any bullet, the clip or elsewhere, or gunoil rests somewhere on the clothes of that "attacker", so for them it is clear that the defender is a liar, whatcha think will a judge decide if he has to choose to believe your story or to think that you may have set something up and killed that basta$$$ in your house or on that dark walkway for some other reasons??
a person possessing an illegal firearm will at first sure not be seen as an innocent good member of the community, b/c those do not carry illegal stuff around.
so if such happens on a public street/place the family of the dead guy may turn out all to the opposite, you've been the armed offender and killed their son.
imagine the consequences!?!
if such happens within your own property you have better chances to be seen as a defender and the stranger as a offender, you may get it as 'proofed' self defense, but depending on exact circumstances and the dead's family i would not automatically count on it.
the most IMPORTANT point:
Why should somebody who is not a convict/drugdealer/thiev aso should have a illegal firearm???
everybody with a clean record and his own blood free of drugs can get easily the gun permission/purchase a legal weapon here on the Isle.
Mike

Mike we are talking the Dominican Republic,Not Miami or NY, You are watching to much CSI on TV. Unless you shoot an upstanding well respected or rich person no such investigation will be done. If you had to use an illegal weapon odds are you will be shooting a person well known by the local police for being a criminal and my story will fly I Guarantee you that. I have many friends in the policia nacional so I speak with some knowledge on these things.I would also advise everyone who carries a weapon in DR to try to get a license and do it legally.