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Originally Posted by Charlatan
I agree with Daniel_ and have to ask, what accidentally shooting your neighbour has to do with being able to defend yourself?
Do you honestly think that you should get off if you accidentally kill someone else when you miss shooting at your intruder? Who is to blame in this case? Is it the intruder? What would happen if your gun went off while you were cleaning it and you accidentally shot and killed your neighbour?
I don't know the answers to these questions.
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I don't know the answer either which is why I posted the way I did. My temporary conclusion - foregoing the "defense" aspect and going with insurance and cooperation is not exactly genius. I think it is a tough question but nonetheless releveant and has implications.
The accidental killing occurs in a hypothetical self-defense scenario (collateral damage) where an act of self-defense results in the death of an innocent 3rd-party. At the very least, this would be a very messy situation, hence my temporary conclusion. I believe it is relevant because the assumption in self-defense is 2 parties: 1 attacker, 1 counter-attacker. But it is quite probable there are extra parties. Like the mall shooting.
if a security guard had shot the shooter but also shot and killed a mall shopper, would he then be culpable for the accidental death and charged with murder even though it was self defense? Or the church lady who shot and killed the shooter who shot up the church. What if one of her bullets had killed a passerby? Even though it was self-defense and she saved hundreds of lives, would she be thrown in jail for murder of the passerby?