Rob Herbstreith: Learn the laws of self-defense, protection of others

Published 9:04 am Thursday, April 28, 2011

Q: I walk outside a lot, in the rural areas. Many times I’m alone and the houses are spread out. What can I do for self-defense against a person or animal? — Michelle from Cassopolis

A: We all have an expectation for self-defense, whether we’re in our home or out and about. In this article I will address protection less than deadly force, as deadly force and carrying concealed pistols will be another article. This self-defense also extends to the protection of others as well. People v. Deason, 148 Mich. App. 27 (1985). MCL 780.972 states : A person may use less than deadly force if all of the following conditions exist:

1. The person is not engaged in a crime.

2. The person is in a place where he or she has a legal right to be.

3. The person honestly and reasonably believes force is necessary.

4. The person uses force to prevent the imminent use of unlawful force against himself or another person.

5. The person only uses the amount of force that is necessary. So, continuing with that, self-defense spray may be carried.

MCL 750.224d allows the use of self-defense sprays in the protection of a person or property under circumstances that would justify the use of physical force.

The self-defense spray as used in this section is defined as a device to which all of the following apply: (a) The device is capable of carrying, and ejects, releases or emits one of the following: (i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients. (ii) A solution containing not more than 10 percent oleoresin capsicum. (b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently disable, incapacitate, injure or harm a person with whom the gas or substance comes in contact, other than the substance described in subdivision (a)(i) or (ii).

It is illegal to use self-defense spray in the commission of a crime and cannot be possessed by a minor, anyone under the age of 17.

Be safe.

E-mail Trooper Rob at trooperrob53@yahoo.com.