Module 3 - Laws and Legal Liability

MICHIGAN FIREARMS LAW AND LEGAL LIABILITY

FREQUENTLY ASKED QUESTIONS PAGE 2 OF 3 Am I ever required to any use “lesser” force than “deadly force”? Answer: Yes, you may only use as much force as you think necessary at the time to protect yourself. When deciding whether the amount of force used seemed to be necessary, the law considers any other ways of protecting yourself and how the excitement of the moment affected the choice you made. The degree or amount of force you can use in defending yourself must be reasonable — that is, proportional to the level of threat presented, Some describe this by saying you can only use equal force. You may not use excessive force . A person is only justified in using the degree of force that seems necessary at the time to protect himself from danger. You may only use the kind of force that was appropriate to the attack made and the circumstances as you saw it. Question Can I shoot to wound or disable? Answer: It doesn’t really matter, firing is use of deadly force Also, once the threat has ceased, so must stop your use of lethal force. Can I use deadly force against a group of attackers? Answer: Yes, a person who is attacked by more than one person, or by one person and others helping and encouraging the attacker, has the right to act in self-defense against all of them. However, before using deadly force against one of the attackers, you must honestly and reasonably believe that you are in danger of being killed, seriously injured, or forcibly sexually penetrated by that particular person. What about using deadly force in defense of my property or belongings? Answer: Absolutely not. You may only use deadly force if you (a person) are in danger of being killed, seriously injured or raped. Some other states do allow using deadly force to protect property. Must I retreat or try to run away before using deadly force ? Answer: NO - Michigan no duty to retreat law If you honestly and reasonably believe that it is immediately necessary to use deadly force to protect yourself from an imminent threat of death, serious injury or forcible sexual penetration, the law does not require you to retreat; you may stand your ground and use the amount of force you believe necessary to protect yourself . ( Self Defense Act of October 2006) Must I retreat in my own home? Answer: . If assaulted in your own home, you do not have to try to retreat or get away. You may stand your ground and use the amount of force you believe necessary to protect yourself. Case law says you may use deadly force to “repel” the assailant from your house or prevent his forcible entry. Force that requires honest and reasonable fear of death or serious bodily injury. (Self Defense Act of October 2006)

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