When am I NOT responsible for shooting a bystander?

[KBD431]

My son who is 21 and carries on a regular basis and I a man in my mid fifties who carries occasionally got into a philosophical conversation tonight after a very crowded fireworks show we attended. There were 3-5,000 people in attendance is a small park setting and we were discussing how quickly an active shooter situation could get out of hand there. My son was discussing the philosophy of "if there had been a shooter in the crowd shooting people, would he shoot at the shooter in the middle of the crowd knowing there was a likely chance he would hit an innocent bystander? We discussed the emotional side of watching him slaughter additional people versus shooting an innocent accidently while trying to stop him.

MY QUESTION is how would it be viewed legally if you returned fire and injured a bystander? How would it be viewed if you killed a bystander?

While opinions are welcome, I am really hoping to learn the legal answer to these two questions.

 

[Joab]

No lawyer here but I did stay at a Holiday Inn (Express* as noted), you are responsible for every round leaving your weapon. If you struck someone could be held liable for criminal, civil charges or both.

 

[jeep78]

Manslaughter charges at the least. Vigilantism is not acceptable in today's society, there have been several folks arrested recently trying to "help" the police.

If you are handgun range, run him down and body slam the shooter. AKA the 21 ft rule.


IMHO, YMMV.

 

[KBD431]

The scenario is very specific, you are in a crowded public place and you are watching someone shoot multiple victims (pick any recent active shooter situation of recent times). You choose to fire at him to stop him and you injure or kill a bystander. Have you committed a crime, ie are you liable for the bystander you shot during the act of stopping the active shooter?

 

[jeep78]

The scenario is very specific, you are in a crowded public place and you are watching someone shoot multiple victims (pick any recent active shooter situation of recent times). You choose to fire at him to stop him and you injure or kill a bystander. Have you committed a crime, ie are you liable for the bystander you shot during the act of stopping the active shooter?

Yes, you committed a crime. Police have protections in this situation, you do not.

Not saying this is right or just, just reality. A cop shoots an innocent, too bad, so sad. You do the same thing, you go to jail and get to spend close to $100,000 defending yourself.

 

[BanjoJohn]

I carry for me and mine, everybody is on their own. I'm not getting involved with all that drama, and criminal charges.

As someone stated, LEO can spray and pray killing innocent folks with immunity, or maybe some admin leave with pay.

Joe Citizen will get hauled in and charged, if he shoots an armed home intruder threatening his life..

 

[KBD431]

I appreciate everyone's opinion and input. Yep the scenario I painted sucks regardless what you do or don't do. It seems the general opinion is if you shoot and hit an innocent bystander you have committed a crime and that was the question I was trying to get answered.

 

[hikingthehills]

I would try my best regardless of consequences because I don't feel I could live with myself turning tail and running.

 

[Kahrnut]

Add this: what if, while you're shooting the 'active shooter', a policeman(uniformed, or plain-clothed, on, or off-duty), or *another armed citizen*, sees YOU firing a gun, and shoots YOU? (thinking you're the 'active shooter') {{*edited*}}

 

[Kahrnut]

but I did stay at a Holiday Inn *Express, last night.*

FIFY