The in basket: Sharell Lee said in an e-mail, “The
incident in the news about the road rage murder in Seattle had
a group of us discussing the rules of self defense on the
highways.
“A question was asked: If a person, who has a concealed
weapon’s permit, has a gun in the car with him and is fired
upon by another driver, does he have the legal right –
based on self defense – to fire back? Or are the rules of
self-defense different on the highways than in other situations,
especially given the proximity of other vehicles, moving traffic,
etcetera?”
The out basket: l wrote the following and fired it off to the
Kitsap County prosecutor’s office to see if they would support my
assumptions:
“I’m fairly certain that if you shot back on the highway you
would be arrested on suspicion of several felonies, which then
would be sorted out over several weeks with your lawyer seeking a
self-defense dismissal. You might or might not be jailed in the
meantime.
“That’s what usually happens in gunfire incidents away from
the roads.
“Sharell already anticipates some of the complicating factors
that would make a road rage duel different, (moving traffic, close
proximity of others) but all would work to make law enforcement’s
response more stern, not less.”
Ione George, one of the senior deputies in Prosecutor’ Russ
Hauge’s office, declined to advise me, not surprising given how ex
parte comments can derail a future prosecution under
some of the most unexpected circumstances.
She just said, “As your question reflects, this is a
complicated matter, and I am not able to give you a simple answer.
The circumstances of every situation are unique, and this
office cannot render advance legal judgment as to the
appropriateness of any action involving use of deadly force.”
As a CWP holder, if an effective and safe(ish) means of escape was not readily available to me, I would indeed if able, return fire to protect my family and my own life. Consequences be damned. Assuming survival, I could not live with myself doing nothing.
a permit to carry concealed does not mean you’re allowed to carry loaded.