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He had the legal right to be there (whether it was wise or not is another question). In most jurisdictions your right to self defense is very strong when you are legally somewhere you are allowed to be. Your right to self defense is strongest in your own property (home, car, work) and your right to self defense is incredibly weak if you are somewhere you don’t have a legal right to be (break in to the home of another). Whether he had no business there or not is irrelevant to his right to self defense.
Did he have a legal right to be there walking around with an AR15? Serious question, I don't know gun laws.
I know cops wouldn't have been able to tell his age just by passing him, but it's horrifying to me that I live in a country where a kid who knows he can't vote or buy cigarettes think he's in his right to brandish an assault rifle and "defend" whatever.
Wisconsin is an open carry state. Can legally openly carry a loaded firearm in Wisconsin with limited restrictions.
One of those limited restrictions being that you have to be 18, which he isn't.
So why isn't this open and shut felonh murder? Self defense is irrelevent when there's a felony being committed
Okay, I just looked it up. Wisconsin law says a person committing an unlawful act (17 year old open carrying) that provoked an attack may still claim self defense if the unlawful actor (17 year old) withdraws from the fight. Shooter turning his back and running away from the first person before shooting is probably going to save his ass here.
1. “the fight” would need to be a proportionate use of force. Unarmed person chasing you is not proportionate excuse to fire an AR-15
2. He is not licensed to open carry in WI as an IL resident. Brought a fire arm across state lines.
I think he’s still f#cked. And I hope this menace goes away for a long time.
Your number 1 is not correct. The proportionality required is not based on weapons. He simply needed to reasonably believe that his life was in imminent danger or that he was about to suffer grave bodily harm. He’ll claim he saw the person light the device on fire, throw it at him and continue to chase him. I think most reasonable people would fear for their lives or grave bodily harm in such A scenario.
He’ll rightly get popped on the illegal open carrying and unexpected the’ll be shown no mercy on that charge.
I am confused by some do the posts here. Shooter was clearly running away before the first shooting. I guess posters on here hate him so much that no credit is being given to him for clearly trying to withdraw. Don’t get me wrong: he shouldn’t have been there, he shouldn’t have been carrying, but once he tried to wave that should have been the end of it for everyone.