Imagine – you’re getting ready to walk out of the grocery store and head towards your car in the parking lot. To your surprise, when you exit the store, you see that a violent mob has descended on the parking lot and is vandalizing vehicles. What can you do? What should you do? What if this happens in your driveway at home, rather than a public place? What rights do you have to defend your vehicle and property? These are more complicated questions than you might think.
Life Over Property
The starting point is this: in most states, the law favors lives over things. So, if you catch a person breaking into an unoccupied vehicle, you may have a tough time justifying deadly force to protect the property. Property damage alone, such as spray-painting your vehicle, is rarely a justification for deadly force.
Verbal Provocation
A good general rule when out in public is that verbal provocation is not enough to justify the use of force or deadly force. When confronted with a protester for example, verbal threats without any indication that the person will act on those threats do not justify the use of force in most states. However, let’s say someone is threatening you in addition to some other act (e.g., vandalizing your vehicle, trespassing on your property), you may be allowed to use force (but probably not deadly force) to stop the interference.
Occupied Vehicle
The situation usually changes when the vehicle is occupied. In the case of an attack on an occupied vehicle, you are no longer protecting merely your vehicle; you are now also protecting a human life. Many states, but not all, extend the added protections of the Castle Doctrine to occupied vehicles. But, you must make sure you know the law in your state—Illinois, for example, only extends Castle Doctrine protections to the occupied dwelling, not the occupied vehicle. 720 ILCS 5/7-2.
However, if your state does extend the Castle Doctrine to your occupied vehicle, and an assailant is unlawfully attempting to enter your vehicle (your “castle”) with force, you may be justified in using deadly force depending on the laws in your state.
What Crime Could I Be Charged With?
Most states have laws against “displaying” a weapon—especially a firearm—in a threatening or alarming manner. For example, Ohio law states it is a crime to display, brandish, or indicate someone possesses a firearm. Ohio Rev. Code § 2941.145. Although different states may use a different word, such as “exhibit” or “produce,” most states ultimately criminalize the same behavior: the intentional display of a firearm in a threatening manner. Often, there is an exception to these “brandishing” crimes if the weapon was displayed in defense of a person. For that reason, it is not advisable to intentionally display a firearm unless you reasonably fear that a life is in danger.
Display Versus Pointing
Many states also draw an important distinction between displaying a firearm and pointing or discharging one. In Florida, it is a misdemeanor crime to exhibit a weapon in a rude, careless, angry, or threatening manner, and not in necessary self-defense. Fla. Stat. § 790.10. Another example, in Texas, the production of a weapon (i.e., displaying or showing a weapon), as long as the actor’s purpose is limited to creating an apprehension that he or she will use deadly force if necessary, constitutes a use of force (not deadly force). Tex. Penal Code § 9.04. Courts, district attorneys, and police officers can all have different interpretations of this statute. However, it generally means you can display a gun as a warning in self-defense and the action will not be considered deadly force.
Similarly, Kansas specifically excludes threats of force from the definition of deadly force when the “actor’s purpose is limited to creating an apprehension that the actor will, if necessary, use deadly force in defense” of themself or another. Kan. Stat. Ann. § 21-5221. This is a great legal protection because, as discussed above, deadly force is often not justified to defend against a property crime. In Kansas, a threat of force may be appropriate when dealing with damage to your vehicle by a vandal or looter.
As another example, in California, drawing or exhibiting a deadly weapon not in self-defense, under certain circumstances is a crime. Cal. Penal Code § 417. So what does that mean? Whether loaded or unloaded, if a firearm is taken out of its holster or intentionally shown in a rude, angry, or threatening manner—other than in self-defense—you could be arrested. Same goes in Illinois—if a person uses a firearm while putting another in fear of a battery, whether the firearm is “pointed” or simply exhibited, the offense is classified as an aggravated assault. 720 ILCS 5/12-1 & 5/12-2.
You must take the time to learn the laws of self-defense in your state. It can be a complicated process, but every responsible gun owner needs to have a reliable source of information. Sort fact from fiction and stay on the right side of the law.
If you have any question, please contact U.S. LawShield and ask to speak to your Independent Program Attorney.
The preceding should not be construed as legal advice nor the creation of an attorney-client relationship. This is not an endorsement or solicitation for any service. Your situation may be different, so please contact your attorney regarding your specific circumstances. Because the laws, judges, juries, and prosecutors vary from location to location, similar or even identical facts and circumstances to those described in this presentation may result in significantly different legal outcomes. This presentation is by no means a guarantee or promise of any particular legal outcome, positive, negative, or otherwise.
seems to me,life doesn’tmatter.if the rules change from state to state,who in any situation has time to decide what the law is.a long time ago i took an oath as a blackbelt, to defend myself and anyone i’m with to the best of my ability.but apparently,the law.depending on what state i’m in,has a problem with that.well too bad..i told you i would defend myself no matter how far it has to go…
If someone is in their vehicle and feels threatened with death or bodily harm, can they take their weapon out and put it in view without pointing it directly at someone if your state allows open carry?
Each States Concealed Carry Weapon (CCW) laws specifies what is and is NOT legal under THAT States Statutes & Laws regarding Self Defense
In the age of high velocity communication and research, it would be great to have an app with links, by state, to point at the appropriate statute. For instance if one wants to quickly study up on say ‘threaten while in my car’ in PA or ‘my car is being broken into’ in KY. The app would be as valuable as gold to CC permit holders especially when traveling.
excellent idea
Just shows how our laws protect the lawless over the innocent. Law abiding citizens now have to allow the lawless to destroy your property without fear of reprisals. The courts have begun to refuse to prosecute these terrorist. The last thing these terrorist want is to do away with law enforcement that actually protect them
Exactly!!!
Thanks for the information. It is a good starting point. Some links to individual state laws would be really nice.
Most of the gun laws in this country seem to be geared towards protecting the guilty! The only time you will probably not be prosecuted for protecting your life, is once you’ve lost it!
Probably true about protecting the guilty. But mostly it’s about making a gun illegal to use since they’re not having a lot of luck making them illegal to own.
True!
YES we MUST protect our criminals at all costs. Laws are seemingly being made to make criminals out of honest citizens.
Agree
Self control, judgement,are vital in a situation where personal property is vandalized etc.knowing the law in your state is a must.
Agree strongly!
So, am I to understand that a Rioter armed with a baseball bat, pipe or other weapon. when confronted, I do not have the right to protect my property from significant, expensive damage even if they threaten me directly? But, police officers (whom I support completely)can order the rioter, with their hand on their firearm and for their own protection and the protection of others, to drop their weapon and leave the area in a non threatening manner or be subdued? What if its a Mob, yelling that their going to injure, kill us or burn down our house or property?
It’s the end of the world as we know it. Where are you going to spend ETERNITY? Will you stand up against these thugs for the sake of our future generations and freedom. Or do nothing.
Even though the 2nd Amendment is a right under our Constitution, and is the same right in all States and Territories, I don’t understand why States or Territories interpret them as they wish rather than the interpretation being standard within all of them. This will help significantly all CC or Open Carry law abiding citizens in avoiding confusion on how to defend ourselves, in addition to sending the same message to all rioters, looters , anarchists, etc.
Agree with all especially Jorge Ondina.
Jorge…Well said & sadly, so true!
As I member of US Law Shield you have access to all of this information. Or Google it.
If you are in an open carry state, yet have a concealed carry license, what are the consequences of taking your concealed carry weapon out and displaying, without pointing at anyone, a handgun if you are being surrounded in your vehicle?
I live in PA, where pointing a firearm at another is considered a terroristic threat. The rule of thumb I use is keep the weapon out of your hands. Display it in your belt or sling it over your shoulder–Open Carry.
As a member of US Law Shield, would it be appropriate to ask for all information regarding my state’s do’s and don’t’s? It would be helpful to know in case I find myself in any situation here in Florida. I do have my CC license(expiration date 7/29/22).
In Hawaii, the law protects the criminal. The only time we can fire upon someone is when they’ve have entered our home and has a gun. Not sure about vehicle unauthorized entry.
“I was in fear for my life”
A good rule of thumb:
Rule #1: Never pull your weapon unless your/loved one’s life is being threatened.
Rule#2: Never pull your weapon and hesitate to use it.
Rule#3: If your property is being damaged or destroyed call 911, take pics, etc.
Rule#4: If you become the aggressor, you go to jail, don’t do that.
Rule#5: Never violate Rule#1 or #2.
Sincerely:
Stan Powell
MCPO, USN, Ret.
I was attacked in Texas by an assailant using his vehicle as a ram against my vehicle, hitting my vehicle three times while in heavy traffic. The assailant then blocked my forward travel, started to exit his vehicle carrying a knife shouting racial slurs (he was black, I am an elderly, handicapped mixed race). I am a licensed gun carrier and drew my sidearm while in my vehicle and pointed it at the assailant to keep him away. End result, the police immediately arrested me and subjected me to physical abuse while refusing me LAWSHIELD attorney rights during questioning AND medical treatment for injuries sustained both during the accident and during the police abuse. This event happened in Dec 2019. Trial evidence has still not been submitted to the very liberal DA (per the DA’s office). My LS attorney is pursuing Bradey Law defense as the police failed to inform the DA of the self-defense issues even though they were made aware of it and the damage to my vehicle displayed the evidence (that was not investigated by the officers).
Im in Texas too. Beware of Ozona Tx. The Deputy thinks every one is a Clint Eastwood “Mule”. I Respectfully asked for the officer to call his Supervisor if he wanted to continue to search my car and Deer with ice on the back. I was worried the he might Plant something. If you have a writing Pin and it separates, It could be misconstrued as Drug Parafinalia.