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Can I shoot an attacker if they don’t have a weapon? As with most questions dealing with deadly force, there is no clear-cut answer on the question, “can you shoot even if the attacker doesn’t have a weapon”. In this video, U.S. Concealed Carry Association Director of Content Kevin Michalowski interviews criminal defense attorney Tom Grieve of Wisconsin-based Grieve Law, LLC. The two men discuss a recent incident where an unarmed man caused great bodily harm to a pair of homeowners in Chicago. Watch to learn what these experts think the couple could have done to protect themselves from a potentially lethal attack by an unarmed criminal. So if you’re asking, “Can I shoot even if the attacker doesn’t have a weapon?” then this video will clarify whether or not you’re justified in your actions.

Are You Justified in Shooting an Unarmed Attacker?

00:33 Can you legally shoot an unarmed attacker?
00:43 Kevin tells a harrowing true story of an unarmed attack in Chicago.
01:30 As a general principle, you have the right to use deadly force to stop a deadly threat.
01:44 But what constitutes an imminent deadly threat?
02:06 How do different states define a potential deadly threat?
02:28 What defines great bodily harm?
03:00 What are victim-subject factors (aka officer-subject factors)?
03:34 Why are so many self-defense laws purposely vague?
04:07 Why is it important to pursue training and education on local gun laws?
05:16 Why is it so difficult to determine proper self-defense response levels to a threat?
05:54 How can you steer clear of potential legal trouble following the use of force in self-defense?
06:48 How can you improve the narrative surrounding a self-defense incident if you find yourself in the legal system?

#selfdefense #uscca #selfdefensescenarios

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46 thoughts on “Can I Shoot An Attacker If They Don't Have a Weapon?”
  1. So here is a question? What happens if some big guy that wants to fight you, but you can't get away from him and he's unarmed? And also people on drugs will do anything anyhow, is a person that can't fight him or them allowed to use deadly force if they cant get away from them?

  2. I would rather sit in a prison cell than NOT react and be dead or lose my eyes or limbs or whatever. Maybe the question to ask a prosecutor is…."what would you have done? Many people have been killed from other things besides guns.

  3. Yes, the best gun fight is the one that you never have and can avoid. But what about "reasonable fear" of death or great bodily harm? I don't think that you have to wait until you are actually shot or injured before you can claim reasonable fear and take appropriate countermeasures, including the use of deadly force. This would include an unprovoked assault on someone with no opportunity present to retreat to safe ground. Would name-calling qualify? No. Road rage? No. However, if you turn to walk away from an ATM and someone says, "Give it up!" how do you know whether or not that person is not about to shoot or stab you? You don't and you are not in a position to avoid or escape in a timely manner. That happened to me in LA fifty years ago. I made a call from a parking lot phone booth, turned to leave, was confronted by two thugs, was told to give it up, I raised my fists to defend myself, they immediately shot me and ran off. In retrospect I should have thrown my wallet with my left hand and pulled a pistol with my right. Unfortunately I was inexperienced and unarmed. The bullet just missed my heart. My guiding principle ever since? Avoid places where there is a possibility of getting jumped and remain alert at all times. I also carry a throw away wallet. I also got a CCP and devoted considerable time and resources to getting professional training in the proper (and legal) use of a firearm.

  4. A couple of common sense rules that make it an easy decision:
    A 110 pound woman is attacked by a 210 pound man, there is no doubt that she fears for her life,
    An 85 year old man, attacked by a 20 year old man and knocked to the ground.
    If either of those victims can do so, while I am on a jury, I wouldn't vote to convict them in 100 years, of shooting an unarmed assailant.

  5. Here's the clear and realistic problem with this quote "Unarmed Attacker"…. 1st- I watched 100s of Police videos, where the police officer asked the driver, do you have any weapons or drugs?? And they always find weapons & drugs. Granted it's only a percentage of times because I know they're only showing a percentage of the videos, but they're there, and many time multiple weapons, multiple drugs and many times both. 2nd – When I took my Concealed Carry Class, of 25 students, our instructor started his lecture, looked like a normal unarmed guy in the streets & or in this case, in the classroom. As he was talking he pulled out a gun, showed the class it was unload, showed it was cleared. So we thought he was unarmed now. But he pulled out a 2nd gun, and then a 3rd, 4th…. 13th, 14th. Point being always treat everyone as being armed!!! 3rd – even if some guy attacking me was unarmed, who knows what training he/she has in fighting?? MMA, or even a hundred bar fights. I have not gotten in a fight in 40 years. My age, my health, my experience, etc…. Another simple fact that over 10% of all murders today are committed by hands & feet. There's a good chance he knocks me down and take MY weapon from me.

  6. The question asked was "Can I shoot…". (Assuming one is armed, of course.) These presenters apparently slept through English classes. The answer is yes. "Should I shoot… is a different question.

  7. Don't get mad at the fence-sitting lawyers. Get mad at your local and state legislatures for writing such ambiguously worthless laws. They intentionally write these laws on purpose to screw over whomever their system wants in their prisons (low-income, uneducated). The Prison-industrial complex in the U.S. is a Leviathan. And that Leviathan lobbies to all your favorite politicians (Republican and Democrat) and is looking for any reason to convict you and get decades of free labor.

    Think I'm a conspiracy nut? Look up how private prisons have been taking over state -run prisons for the last two decades. More prisoners? More funding. Stay "woke" good citizens.

  8. This is ridiculous… speak on the King Von incident instead, where someone was actually attacked and the shooter had self defense. Not someone who’s been sent to the hospital with a “what if” scenario. You gotta be joking.

  9. This is not a difficult subject, it is only made so by people whom have no common sense or compassion for victims. I would stop short of calling people who lack common sense "evil", but they are certainly misguided and such people are not intelligent enough to practice law and should never have been granted a law degree or passed the bar. The fact that they are allowed to practice law is an indictment of a decadent and demented society which also has lost its common sense and compassion for victims.

  10. …and if you at all provoked the attack….ie (giving another driver the bird/cursing etc), or the attacker is a different race, that defense just got even tougher. I've seen so many self-defense horror stories, I've often wondered if I'm not better off to take my chances and be a free, permanently injured victim than an incarcerated non-victim.

  11. Learn some martial arts. Its a good filter between using your firearm, if you’re being honest with yourself you’ll have to admit a lot of people use their firearm bc they’re scared bc they’re being attacked, if you knew how to fight, the only way you need to use deadly force is when it is the last option left.

  12. Yes. just because an attacker doesn't have a detachable weapon (firearm, knife, bat, etc.), doesn't mean he/she couldn't harm/kill you. People also have dangerous attached weapons like hands, feet and of course their head. if I'm imprisoned for defending myself even against an unarmed attacker, then so be it. this world is already so messed up. why should I expect it to not be messed up then?

  13. You gotta be kidding me. So even in this case, the attitude is, "look, you just gotta let the person attack you. You don't know yet if they intent to cause great bodily harm." How about, don't attack people. And if you do, the person has a right to defend themselves.

  14. People have been killed by a punch or excessive beating. People don't need to be armed. Read the book The Punch. A Pro NBA player almost Died with 1 punch.

  15. Back in 1980 I have just completed RANGER School in the US Army, I was home on leave in Chicago, when I was approached by a man wanting my wallet. I said NO, then he swings at me, and I side step him and punched him knocking him out. When the police arrived I was arrested for injuring this guy. I was released on a $1000 bail. During court the Judge told me That i was arrested because of my military training and as a RANGER my hands are a lethal Weapon. The prosecutor want me to pay for the mans hospital bill for breaking his JAW. Even though this guy had a few prior assault records before. I was sentenced to 365 day probation. WHY BECAUSE THE LAWYER I HAD AND I "QOUTE GIVE ME TWO HUNDRED DOLLARS AND I'LL ASK THE JUDGE FOR PROBATION. I WAS 19 YEARS OLD. NOW TELL ME WHAT's WRONG WITH OUR SYSTEM. I spent 28 years in the Military (with many combat years of experience serving my country and to this day can't get this out of my mind to this day.

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