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  1. #1

    Question What are the standards of a legal self defence shooting?

    Hi all, hope you are having a good day.

    I am living in a rented house with my parents, I have just turned 18 all but 2 days ago and I am going to get my competency based on having dedicated hunters status.

    The reason I ask what the standards for a legal self defence shooting are is because of the following.

    My parents are sick of paying rent and are looking to buy a house, however my father is a business owner making it near impossible for him to get a bond, the banks say he is to big of a risk, but we do have a 1 hectare plot that is part of a community, it is next to a large open field and close to a township. We wanted to build on it about 2 years ago, so we put 10 foot tall Palisade up but thieves keep cutting the palisade and using our plot as a way into the community, and for stealing our building supply's. My father travels a lot and my brother lives in Pretoria. I want to be able to keep my mother safe from these thieves.

  2. #2
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    Default Re: What are the standards of a legal self defence shooting?

    Pero, not sure if you’ve been to the introduction section yet but that should be your first stop when posting.

    As to your post, I’m a bit lost but if you want to protect your mom you need to install barriers etc. As to owning a gun and shooting someone it can only be in self defense during an attack from a person or persons. You can not protect property/assets


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  3. #3
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    Default Re: What are the standards of a legal self defence shooting?

    Safety and security measures and self-defense is not the same concept...

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    Default Re: What are the standards of a legal self defence shooting?

    “Self defensive shooting” is an act, and can only be done when defending your or someone else’s life from an imminent or ongoing attack, “security” is what you need to look while you go through the long process of getting a defensive firearm... Alarms, cameras, dogs, gates, you need to have many layers of security and early warnings.

    On another note, you do know you will not always be there to protect your mother so why doesn’t she get her own gun?


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  5. #5

    Default Re: What are the standards of a legal self defence shooting?

    Yeah, as everyone has already said.
    Not like in the movies when you pull out your shotgun to chase people off your property.

  6. #6
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    Default Re: What are the standards of a legal self defence shooting?

    It’s actually been a while since the legalities of this was discussed on GS so it may be worth repeating.

    The basic premise is as follows:

    “Private Defence” is the legal term, used to describe a situation that renders the killing of another human being lawful.

    Murder is the intention and unlawful causation of death of another human being.

    Private Defence, if present, means that the “unlawful” bit of the murder definition is not met, and we are no longer dealing with murder.

    For private defence to be used, the following must be met:

    1. The attack on a legally recognised right must be ongoing, or imminent. Ie someone telling you he will kill you next week is not imminent and you cannot use deadly force at that moment. However, someone pointing a gun at you indicates that a shooting is imminent and warrants action; you do not have to wait for the bullet to be on its way first.

    2. The defensive action must be taken against the attacker, ie don’t shoot your neighbour’s dog because your mother in law is hitting you with a saucepan.

    3. The defender must not use unreasonably more force than necessary to repel the attack. Ie you cannot shoot someone for throwing a marble at you. Note that this does not mean parity of weapons used. An attack on you by someone armed with a half-brick, clearly intent on caving your head in, can be stopped by shooting the attacker, even if that then results in his death.

    So, having said all that:
    The generally held belief is that you cannot use deadly force to fight off an attack on property. Shooting someone for breaking your palisade fencing may be seen in a very negative light.

    You may use force to fight of an attack on your property. If someone attempts to steal your cellphone, and you can only stop it by punching him, then that could be seen as reasonable.

    In having answered all of that, I’m not sure I follow your question, asking about a lawful shooting while the context is of people stealing building supplies. The two don’t really meet up.
    Last edited by Skaaphaas; 20-12-2019 at 09:58.

  7. #7
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    Default Re: What are the standards of a legal self defence shooting?

    Taking action to defend oneself, even legitimately, is not free. Why open yourself up to this high risk? There is a lot at stake.

    I suggest you find an alternative.

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    Default Re: What are the standards of a legal self defence shooting?

    You will learn all of this in the legal test, required for your competency certificate. The study material explains it very well!

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    Default Re: What are the standards of a legal self defence shooting?

    Earlier this week I witnessed a hatchback with 4 males cut across 4 lanes of the highway to take an off ramp. In the process they nearly caused an accident with a single male in a bakkie. There was hooting and gesturing then 1 of the males in the hatchback pulled out a pistol and pointed it at the bakkie. Would the driver of the bakkie be within his right to fire on the hatchback (can this be seen as an eminent attack?)

  10. #10
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    Default Re: What are the standards of a legal self defence shooting?

    Quote Originally Posted by gary-t View Post
    Earlier this week I witnessed a hatchback with 4 males cut across 4 lanes of the highway to take an off ramp. In the process they nearly caused an accident with a single male in a bakkie. There was hooting and gesturing then 1 of the males in the hatchback pulled out a pistol and pointed it at the bakkie. Would the driver of the bakkie be within his right to fire on the hatchback (can this be seen as an eminent attack?)
    Really depends on a number of things, is the hatchback driving away from you ?
    Can you drive away ? Are you stuck in traffic ?
    Did the guy get out of the car to approach you with a gun ? Did he just brandish it in the window ?

    Best would be to get away from that guy, but if the hatchback blocked your way (in traffic for example) you are unable to avoid this imminent deadly threat by driving away or over a person approaching your vehicle with a firearm then it would be reasonable to defend yourself but it would sure be easier trying to defend this if you had a dashcam to show what happened.

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