In my opinion, everything presented here defies legal logic. I'd have to review the state law but here's how federal law views this:jmra wrote:If he gets up a attempts to leave he is committing another felony - shoot him again. Our instructor showed us a video in which bg enters the store and pulls out a gun at which point instructor stops the video and asks if we can legally shoot the bg if his back was to us. Many in the class said you can't shoot bg in the back - instructor said wrong. Start video - while pulling gun bg drops it on the counter - stop video instructor says still legal to shoot. Start video bg turns your direction - stop video according to instructor still legal to shoot. Start video bg runs out of the door - stop video instructor says still legal to shoot because crime is still in progress. Instructor was retired marine instructor who has been chl instructor for number of years.
1)"Pulls out a gun..." First of all, is he just pulling it out or is he drawing it and aiming? If the latter is so then yes, you have legal authority to shoot because this is a threat. If he's not aiming it, he's only "brandishing" at this point and is not necessarily a threat. That his back to you is of negligible importance.
2)"Drops it on the counter..." BG is no longer armed. Legal to shoot based on previous threat but you'd better find a good lawyer and a friendly judge/jury.
3)"BG turns your direction..." Again..unarmed. Refer to #2
4)"Runs out the door..." Again...unarmed. However, this is where it gets a little grey. The law says that if you perceive the BG to be a threat to the public at large, you can shoot him while he's running. Because he's now unarmed, he's not necessarily a threat and you'd still have to find that lawyer and judge. It should also be noted that the crime is NOT any longer in progress once the BG turns and runs.
I am not a lawyer, I'm only giving my opinion based on my training and experience as a federal law enforcement officer.
