Home defense with NFA item?

[Mosinguy]

Not sure if this has been covered, but here's the scenario.

You are cleaning your full auto suppressed M-16a2 after a day at the range. You just got done putting her all back together when you hear a window smash downstairs. You load up your rifle with a 20 round mag, call the police, and guard the doorway of the room you're in. Suddenly, the door slams open and the man has a mask and a gun. You dump an entire mag into him.

No over penetration, all projectiles are recovered in your house. What possible legal issues could you have? Is there a law in Indiana that says you can't use NFA items for self defense? Could a nasty prosecutor get you life in prison for protecting yourself like that?

 

[BDBHoover]

Not sure if this has been covered, but here's the scenario.

You are cleaning your full auto suppressed M-16a2 after a day at the range. You just got done putting her all back together when you hear a window smash downstairs. You load up your rifle with a 20 round mag, call the police, and guard the doorway of the room you're in. Suddenly, the door slams open and the man has a mask and a gun. You dump an entire mag into him.

No over penetration, all projectiles are recovered in your house. What possible legal issues could you have? Is there a law in Indiana that says you can't use NFA items for self defense? Could a nasty prosecutor get you life in prison for protecting yourself like that?

I have no idea but I'm sure TFT and Bill of Rights have the answer.....

 

[ATM]

What possible legal issues could you have?

None.

Is there a law in Indiana that says you can't use NFA items for self defense?

No.

Could a nasty prosecutor get you life in prison for protecting yourself like that?

No.

 

[Kirk Freeman]

full auto suppressed M-16a2

You load up your rifle with a 20 round mag,

You dump an entire mag into him.

What possible legal issues could you have?

This means you pressed the trigger seven (7) times.

There will be a lot of blood and photos for the jury.

Was the third, fourth, fifth, sixth, and seventh trigger press something a reasonable person in fear of serious bodily injury or death would do?

The SWAT officer who will testify against you will say no. So will the forsenic pathologist from Lowell.

Is there a law in Indiana that says you can't use NFA items for self defense?

No.

Could a nasty prosecutor get you life in prison for protecting yourself like that?

Everytime you use violence against fellow human beings you face prison.

 

[686 Shooter]

None.



No.



No.

Very well put, I couldn't have said it better myself.

 

[Indy_Guy_77]

Lots of folks don't want to be in the position to have a (generally) high-dollar item confiscated as evidence, though. That IS something to think about if you do indeed have an M16 as bedside duty.

-J-

 

[Kirk Freeman]

What possible legal issues could you have?

Don't forget the civil suit against you may be harder to defend with so much shooting.

https://www.indianagunowners.com/fo...burglars_family_wins_wrongful_death_suit.html

On the administrative front the State Police may yank your LCTH because you are running around your house like Rambo ready to shoot the Fed Ex guy.

 

[ATM]

Indiana Code 35-41-3

Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
...

 

[Hoosierdood]

Don't forget the civil suit against you may be harder to defend with so much shooting.

I thought that Indiana code provided legal protection in the event that you were forced to protect yourself or another. In other words, if you are found to have been justified in using deadly force, there can be no civil suit to follow.

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

 

[Kirk Freeman]

In other words, if you are found to have been justified in using deadly force, there can be no civil suit to follow.

Who says that you will be found to have been justified?

Who is to say what a prosecutor and then a jury will find after you seven tap someone?

 

[Bill of Rights]

I have no idea but I'm sure TFT and Bill of Rights have the answer.....

ATM and Kirk, actually, but thanks for the vote of confidence!

This means you pressed the trigger seven (7) times.

There will be a lot of blood and photos for the jury.

Was the third, fourth, fifth, sixth, and seventh trigger press something a reasonable person in fear of serious bodily injury or death would do?

The SWAT officer who will testify against you will say no. So will the forsenic pathologist from Lowell.



No.



Everytime you use violence against fellow human beings you face prison.

Kirk, would it have to be limited to three-rd bursts, or could it have been a one-trigger-squeeze mag dump? The only thing I know about the M16 other than that it's full-auto is that it's very unlikely that I'm ever going to have enough cash to afford one.

Blessings,
Bill

 

[Titanium_Frost]

Bill, I believe the M16A2 only has single shot and 3 round burst capabilities.

Kirk, I think the 7 tap is beside the point in the OP.

Lets condense this to: I used my NFA item in self defense, what now?

 

[sharkey]

Lots of folks don't want to be in the position to have a (generally) high-dollar item confiscated as evidence, though. That IS something to think about if you do indeed have an M16 as bedside duty.

-J-

This ^^^^^. Do you REALLY want several thousand $$$ of NFA fun confiscated by non-gun people and returned several years after all legal proceedings have finished as a blob of rust?

 

[lovemachine]

Bill, I believe the M16A2 only has single shot and 3 round burst capabilities.

Kirk, I think the 7 tap is beside the point in the OP.

Lets condense this to: I used my NFA item in self defense, what now?

You mean like an Uzi?

I'm also curious if things would be different, legally, if your pistol had a Suppressor on it also.

 

[lovemachine]

This ^^^^^. Do you REALLY want several thousand $$$ of NFA fun confiscated by non-gun people and returned several years after all legal proceedings have finished as a blob of rust?

The OP wasn't saying anything about using said NFA item as the primary use of HD. The scenario was he was cleaning it after a range day. It was already in his hands.

 

[686 Shooter]

I don't think it matters if you emptied the mag with 1, 7, or 20 trigger pulls, you needed to eliminate the threat and you didn't feel the threat had been eliminated until he had 20 rounds in him. I think that any prosecuter would study the case and evaluate if he felt that he could win the case if he proceeded with prosecution.

 

[Titanium_Frost]

You mean like an Uzi?

I'm also curious if things would be different, legally, if your pistol had a Suppressor on it also.

I mean ANYTHING legally owned. Hit em with a friggin grenade launcher.

 

[ATM]

You mean like an Uzi?

I thought it was spelled OOZI.

I'm also curious if things would be different, legally, if your pistol had a Suppressor on it also.

No.

 

[Mosinguy]

Thanks for the responses! This was just a thought I thought of driving from work. If I had the 15k to swing a M16a2...well...I wouldn't have a WTB for a budget HD shotgun

 

[samot]

Kirk, I think the 7 tap is beside the point in the OP.

i dont.
jury sees excesive force *** bad guy quit moving, after 2 taps
hes no longer a threat when hes not advancing