Sounds pretty clearcut that the felon was in possession prior to the self defense incident.
If a felon is defending himself and in the middle of a gunfight retrieves a firearm dropped by someone else, and then uses that firearm in legitimate self defense, he won't have troubles over picking up the firearm in exigent circumstances.
However, if it is his own gun that he clearly possessed prior to the life threatening emergency, he could very easily be found clear of the wrongful death, justified as self defense, but still be guilty of illegal firearm possession.
That is a variation of what happened to Bernie Goetz, the "subway vigilante" who shot 4 assailants in self defense in NYC back in the '80's. He was found innocent in the shootings but guilty of illegal possession of a handgun.
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- by Jumping Frog
- Wed Oct 30, 2013 2:01 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: man with a felony in trouble for defending himself with gun.
- Replies: 12
- Views: 1646
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