Question about Use of Deadly Force

[businessajm]

I was just approved for my DE CCW Permit.  It really a good feeling knowing I got it after 5 1/2 months in NCC.  They say it will take an additional 2 weeks to have it laminated and sent out?  They said they are really busy. 

Here is my question.  Under Delaware Law 464 section E:  The use of deadly force in not justifiable.  I understand the first statute, I am just stuck on the second statute where it states, " by surrendering possession.....except that."  To me it sounds like you have to give up your stuff and only can you use force if they threaten to kill you.  Is this correct.  I am just thinking, what if my family and I are in my car and someone comes up to car jack me.  Do I have to give up the car.  Do I have the right to use the ccw against the individual?

I understand you do not have to retreat in your house but does this clause immed. allow you to shoot someone when there in your home.  I am a big guy but have a family and would rather not fight someone first.  Just trying to interpret the law.

Anyone one carry a Glock 19 gen 4 for CCW?  If so, do you like the weapon?

Thanks

[Bmel17]

While being carjacked, as long as you are in fear for your or your occupants lives, you can use your weapon to apply deadly force. 

The law is meant to have you exhaust non-lethal options before the use of deadly force. 

HTH

[businessajm]

Thanks HTH,

That was what I though it meant but not sure. 

Have a nice weekend.....acm

[Hawkeye]

I understand you do not have to retreat in your house but does this clause immed. allow you to shoot someone when there in your home.  I am a big guy but have a family and would rather not fight someone first.  Just trying to interpret the law.

That is a loaded question. The bottom line is self defense is allowed to be used as long as you believe the degree of force you use is necessary a the time. When dealing with a family in your home you also have to consider the BG's intentions and capabilities if he were to get past you.  If I interpret it correctly if you believe they are a serious and imminent threat or if they have a weapon at the time then you are good to take the necessary steps to halt the attack.

Title 11, Part I, Chapter 4. Defenses to Criminal Liability
§ 464. Justification - Use of force in self-protection.
(a) The use of force upon or toward another person is justifiable when the defendant believes that such force is immediately necessary for the purpose of protecting the defendant against the use of unlawful force by the other person on the present occasion.
(b) Except as otherwise provided in subsections (d) and (e) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as the person believes them to be when the force is used, without retreating, surrendering possession, doing any other act which the person has no legal duty to do or abstaining from any lawful action.
(c) The use of deadly force is justifiable under this section if the defendant believes that such force is necessary to protect the defendant against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.