National Carry AcademySouth Carolina Laws for Use of Deadly Force
January 12, 2016
16-11-420 thru 16-11-450. “Protection of Persons and Property Act”.
16-11-420. Intent and Findings of General Assembly.
16-11-430. Definitions.
16-11-440. Presumption of Reasonable Fear of Imminent Peril When Using Deadly Force Against Another Unlawfully Entering Residence, Occupied Vehicle or Place of Business.
16-11-450. Immunity from Criminal Prosecution and Civil Actions; Law Enforcement Officer Exception; Costs.
These are the elements of self-defense in South Carolina:
a. Belief of an imminent danger that can cause bodily injuries or death
b. Reasonable use of a deadly weapon that an ordinary individual would have done the same if in such danger
c. No other ways of avoiding the danger of losing own life or getting rid of the bodily injuries
16-11-410 thru 450. This is also known as the “’Protection of Persons and Property Act.”
Under the section, the following terms are defined:
• “Dwelling” refers to an establishment with a roof used by individuals for lodging at night.
• “Residence” refers to a dwelling in which an individual temporarily or permanently resides or visits
• “Vehicle” refers to a conveyance used in transporting people and property.
A lawful individual who is attacked on his dwelling or place of business shall have the right to defend himself by the use of a deadly force if it is deemed reasonable to prevent loss of life or bodily injury.
Defense of Others
The Court allows “defense of others” which refers to the right of an individual to defend another person from an attacker who has the intention of taking the life of a victim with the use of a deadly weapon if it is deemed reasonable to prevent loss of life or bodily injury.
The “defense of others” is applicable to a relative, friend or bystander.
Defense of Property
The use of a deadly weapon to protect an individual’s dwelling shall be reasonable and believed to be the only means of protection.
“[t]he weight of modern authority limits deadly force in a defense of a dwelling to situations in which the householder reasonably believes that the intruder intends to commit a felony or only when deadly force would be authorized by the law of self-defense.”
South Carolina Laws for Use of Deadly Force
January 12, 2016
16-11-420 thru 16-11-450. “Protection of Persons and Property Act”.
16-11-420. Intent and Findings of General Assembly.
16-11-430. Definitions.
16-11-440. Presumption of Reasonable Fear of Imminent Peril When Using Deadly Force Against Another Unlawfully Entering Residence, Occupied Vehicle or Place of Business.
16-11-450. Immunity from Criminal Prosecution and Civil Actions; Law Enforcement Officer Exception; Costs.
These are the elements of self-defense in South Carolina:
a. Belief of an imminent danger that can cause bodily injuries or death
b. Reasonable use of a deadly weapon that an ordinary individual would have done the same if in such danger
c. No other ways of avoiding the danger of losing own life or getting rid of the bodily injuries
16-11-410 thru 450. This is also known as the “’Protection of Persons and Property Act.”
Under the section, the following terms are defined:
• “Dwelling” refers to an establishment with a roof used by individuals for lodging at night.
• “Residence” refers to a dwelling in which an individual temporarily or permanently resides or visits
• “Vehicle” refers to a conveyance used in transporting people and property.
A lawful individual who is attacked on his dwelling or place of business shall have the right to defend himself by the use of a deadly force if it is deemed reasonable to prevent loss of life or bodily injury.
Defense of Others
The Court allows “defense of others” which refers to the right of an individual to defend another person from an attacker who has the intention of taking the life of a victim with the use of a deadly weapon if it is deemed reasonable to prevent loss of life or bodily injury.
The “defense of others” is applicable to a relative, friend or bystander.
Defense of Property
The use of a deadly weapon to protect an individual’s dwelling shall be reasonable and believed to be the only means of protection.
“[t]he weight of modern authority limits deadly force in a defense of a dwelling to situations in which the householder reasonably believes that the intruder intends to commit a felony or only when deadly force would be authorized by the law of self-defense.”