Criminal Law

Criminal Law and Firearms use

The issues under this subject are extremely complicated. It is almost impossible to give sound advice in general regarding the use of a firearm in self defence because each case or incident is different.

Advice regarding the use or non-use of a firearm can be totally contradictory and options can be right or wrong, it all depends on the circumstances and the legal intricacies.

The standard advice is: In general, do not confront anyone or try to make an arrest with a firearm. 

The criminal and other relevant laws dictates how members of the broader society have to behave towards one another. These Acts also include sections on when, why and how an ordinary man in the street may defend him or herself with a firearm when under severe threat and when a private individual may make a so-called citizen’s arrest.

The Acts which are relevant here are the Domestic Violence Act, the Act on Dangerous Weapons, and the Criminal Procedures Act.

Shooting in self-defence:

This is a legal mine field !

The best is to try and avoid such situations if you can.

When in doubt, don’t shoot ! If you must, threaten only. But then also only with very good reason !  You may not shoot an intruder in your yard just because s/he is in the yard, or is even stealing your belongings, unless your or your own people’s lives are in severe danger.

Unless your life is severely under threat, or people you are with stand to lose their lives, you may not use a firearm to protect yourself. Your action must be instantaneous and not pre-conceived, and must also be related and appropriate to the threat posed.

Read here for sound advice on this matter:  You Have Shot a Bad Guy - What Now ? - Download here

Making a citizen’s arrest

This subject is as highly complicated than shooting in self defence, so leave such matters for the police. Do not try to make an arrest using a firearm !