I greatly appreciate insight from talk radio listeners.

Perry in Columbus did his homework in Montana law, and called in to Montana Talks with Aaron Flint.  Here's the beginning portion of his message.

Perry researched and referenced the specific state code annotated that pertains to self defense and how far a person can go in that defense.  And though he didn't go into what that law said, it did inspire me.

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Credit: Plez, Getty Images; TSM Media Center
Credit: Plez, Getty Images; TSM Media Center
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So I took Perry's suggestion.  I looked it up.  Here it is in the Montana Code Annotated.

45-3-102 Use of Force in Defense of Person

A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.

A key phrase that stands out is "or the defense of another."  That means that, if you feel ("reasonably believes") that another person is in imminent danger of physical harm or fatality, you have the backing of law to use force, including deadly force, to protect and defend that person.

Credit: videodet, TSM Media Center
Credit: videodet, TSM Media Center
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45-3-103 Use of Force in Defense of Occupied Structure

(1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.

(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:

(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or

(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

In my humble opinion, defense of occupied structure is where a person can get into unlawful trouble.  If someone is trying to burn your home down, knowing you are in it, they probably yes, you could shoot that person.  If some punk kid is spraying graffiti on the side of your house, then no, you cannot let 'em have it with a full clip.

While I understand the risk in pausing to think, unless the assailant is obviously trying to kill you or beat you into a bloody mess, it may serve you well to first ask before acting "Am I or another person actually in serious danger of harm or death?"

Now I am not a lawyer; can't even play one on TV.  Please consult with a licensed attorney in the state for further information.

And Perry has a good piece of legal advice to avoid jail time.

Great Firearms When Looking for Self Defense Options

If you're interested in getting a good firearm when looking for self-defense options here are some of the best for you to consider.

Gallery Credit: Billy Jenkins

 

 

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