Don't Shoot a Fleeing Felon

Read the title of this note again. Read it slowly. Memorize it. Tattoo it on your eyelids if necessary. I don’t care what he has done. More importantly, the law does not care what he has done. He may be a drug dealing, child molesting, murdering, nazi war criminal who supports the Kansas football program. You cannot shoot a fleeing felon.

It is legal to chase a fleeing felon. But, that risks the possibility of catching him. I’ve read many cases of a victim who chased a fleeing felon. It never worked out well. Even if the victim wins the gunfight the law has another fight that is harder to win. Going to the fight is always taken as an indication of guilt.

There are a couple of defenses to shooting a fleeing felon. They are so limited in circumstances and required facts that they are not worth discussing. Unless the fleeing felon is firing at pursuit over his shoulder, and you will have to prove that, don’t shoot the fleeing felon.

Kevin L. Jamison is an attorney in the Kansas City Missouri area concentrating in the area of weapons and self-defense.

Please send questions to Kevin L. Jamison 2614 NE 56th Ter Gladstone Missouri 64119-2311 KLJamisonLaw@earthlink.net. Individual answers are not usually possible but may be addressed in future columns.

This information is for legal information purposes and does not constitute legal advice. For specific questions you should consult a qualified attorney.