Marty Hayes
Regular Member
imported post
If the posters here were members of the Armed Citizens' Legal Defense Network, LLC, www.armedcitizensnetwork.org, they would know the answer to the original question. It is covered in the first educational DVD we send out to new members.
In a nutshell, it is the crime of murder or manslaughter to kill another human being, period. If you kill someone, you have fulfilled the elements of the crime.
RCW 9A.32.030
Murder in the first degree.
(1) A person is guilty of murder in the first degree when:
(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or
(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or
(c) He or she commits or attempts to commit the crime of either (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants: Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:
(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
(2) Murder in the first degree is a class A felony.
So, when you intentionally pull your rosco and intentionally use deadly force, you have committed the crime of murder. (2nd degree might also apply). It is only a defense to the crime of murder that you were justified. Defenses are raised at trial. So, the police, upon arriving at the scene of your act of intentionally killing someone, can arrest you, and can take into evidence all the evidence which would tend to support that crime. That is why your gun is confiscated. And, if there are other guns in the house, they likely go to, because police cannot rely upon your word on which gun you used.
If you are not arrested, it is only because the police/prosecutor likely believe they would be successful in gaining a conviction.
That's the law, folks.
If the posters here were members of the Armed Citizens' Legal Defense Network, LLC, www.armedcitizensnetwork.org, they would know the answer to the original question. It is covered in the first educational DVD we send out to new members.
In a nutshell, it is the crime of murder or manslaughter to kill another human being, period. If you kill someone, you have fulfilled the elements of the crime.
RCW 9A.32.030
Murder in the first degree.
(1) A person is guilty of murder in the first degree when:
(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or
(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or
(c) He or she commits or attempts to commit the crime of either (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants: Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:
(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
(2) Murder in the first degree is a class A felony.
So, when you intentionally pull your rosco and intentionally use deadly force, you have committed the crime of murder. (2nd degree might also apply). It is only a defense to the crime of murder that you were justified. Defenses are raised at trial. So, the police, upon arriving at the scene of your act of intentionally killing someone, can arrest you, and can take into evidence all the evidence which would tend to support that crime. That is why your gun is confiscated. And, if there are other guns in the house, they likely go to, because police cannot rely upon your word on which gun you used.
If you are not arrested, it is only because the police/prosecutor likely believe they would be successful in gaining a conviction.
That's the law, folks.
