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Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

How would you defend yourself against someone who pepper sprayed you?

So a security guard in colorado shot somebody (deadly force) who pepper sprayed him (less lethal force) and was charged with 2nd degree murder.

So if he wasn't allowed to shoot him with a  gun, how should he have defended himself without using a gun?

P.S. he can't see when exposed to pepperspray.

7 Answers

  • 2 months ago

    Self-defense is not a crime. However, if you kill someone and get arrested for some reason, you have the burden of proving that you were in reasonable fear for your life and that the force you used was both reasonable and necessary.

    Once you're blinded by pepper spray and you have a pistol, you are almost CERTAINLY authorized to shoot it as many times as needed to prevent the assailant or his buddies to take it from you.  You also need to be aware that you generally cannot PROVOKE an attack and later claim that your use of lethal force was self-defense, absent specific circumstances related to rejoining the fight, or increased combatants, and escalation of force, to which you then responded in kind.

    Using pepper spray on a person who may have a pistol, or otherwise the physical ability to kill you instantly, would be a pretty foolish stunt.

    In my state, where nobody needs a concealed carry permit, nobody would think of using pepper spray in most situations where they don't feel like risking instant death.  Like shooting a large bear with a BB gun: don't be surprised if you don't survive the incident.

    We don't know all the facts in the case you mentioned, but it sounds like we're either missing something or the security guard's lawyers were unable to make a good defense for some reason.

  • ?
    Lv 5
    2 months ago

    If he can't see he should never have discharged a firearm in the first place. That's why firearms and pepper spray are illegal in my country.

  • 2 months ago

    i wouldve called the police on someone that pepper sprayed me

  • 2 months ago

    Once someone pepper sprays you, you no longer need to do anything to defend yourself from someone who doesn't have a gun, because the pepper spray is sufficient to keep them from picking your pockets, raping you, or doing anything else to you except shooting you.  The only reason to "defend" yourself would be to try to force someone to shoot you with a gun.

    The most effective way to use pepper spray might even be to pepper spray yourself to keep others away from you.

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  • Anonymous
    2 months ago

    Each State has different laws.  Someone in MY State was pepper sprayed and shot his assailant - and killed him - and was not charged.

  • I would report the badge #, and run my mouth like cnn till they were removed from public service. 

  • 2 months ago away

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