Re:California keeps a secret list of criminal cops, but says...
by 0x8BADF00D on Tuesday February 26, 2019 @11:42PM
(#19260924)
IANAL, but I think you are allowed to respond “in kind” to an assault, or attempted crime against you.
For example, if someone points a gun at you, you are legally allowed to draw your own weapon. The response was “in kind”, i.e. the same level of force. It’s different if someone pointed a gun at you, then you pointed one back at them, they ran, and you shot them in the back. In this scenario, it would be retaliation, and you could be criminally prosecuted for that.
Yes, in a carjacking, the victim likely has reason to fear for their life. At some point, that ceases to be true. Actions taken after that point (... in those circumstances where actions can be taken by the victim after that point) are what was under discussion.
(I did read Animats' "If you shot someone trying to steal your car [...]" as referring to more general auto-theft - if it was meant to refer specifically to car-jacking then amend my earlier comment to "That's still at least a question of defense of property [...]")