“As a blanket statement, that is not correct in any State.
Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York.
However, a citizen in California can get a CCW from the County Sheriff’s department. In Maryland it’s called a wear and carry permit. Minnesota can issue a carry permit and it doesn’t mention concealed at all. New Jersey is now a shall-issue state with concealed weapons permits issued at the local level by municipal police departments or NJ State Police. And New York requires a pistol license to carry is issued to carry concealed. Concealed carry is only legal with a New York Pistol License (NYPL). According to what I can find, every state has a carry license of some type. The ones above info came from their web sites.
“And he punched the driver with weapon in hand.”
You may want to re-examine the film. He never punched the driver. He struck the car door only with his right hand and weapon and the driver’s window was never opened until the driver’s shot went through it.
Andrew Branca is a defense attorney whose job is to defend people for the self defense needs. Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.
“Neither the facts, nor the law supports a “wrongful death” civil judgement against the driver where this event occurred.”
We differ here. From what I saw the person shot did not point the gun, did not touch the shooter, or unless he scratched the car, didn’t harm that. Having a gun does not determine imminent deadly force. And calling people names doesn’t either. There was no deadly threat there. And if you go by the film. It proves that from what we can see.
Wy69
The combination of those factors absolutely establishes imminent deadly force. The firearm was not holstered, it was in hand. And the laws which apply are those of the State of Indiana.
See: Indiana Code § 35-41-3-2, which allows the use of reasonable force against an imminent threat and permits deadly force in specific situations without a duty to retreat. Indiana Code §§ 35-41-3-2(c), 35-41-3-2(d), 35-41-3-2(e), and 35-41-3-2(i) outline this: whatsoever for protecting the person or a third person by reasonable means necessary.
See Part (d)
(d) A person:
(1) is justified in using reasonable force, including deadly force, against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.
Furthermore, under Indiana code 34-23-2-1, a wrongful death claim can only be filed if the deceased would have been entitled to bring a personal injury claim had they survived.
Our decedent here was committing an unlawful act (aggravated assault and battery) when he was killed. He would not have been entitled to bring a personal injury suit.
The only possible success for a wrongful death lawsuit would be based on getting a racist jury that wants to punish a White man for shooting a Black man. That is a long shot in Indianapolis, and in this case, the decedent is an Indian man. It is not going to work.