Attorneys React to Self-Defense in Christmas Movies! - 2A Roundup December 2024
Featuring Attorneys Brittany LaBerry, Rachel Moss, and Emma Wittmann
December 23, 2024
Ever wondered if Kevin McCallister’s booby traps were legal? Or if John McClane had a right to shoot first and ask questions later? The 2A Roundup Christmas Special, hosted by attorneys Rachel Moss, Emma Wittmann, and Brittany LaBerry, unfolds your favorite holiday movie moments: Home Alone, Die Hard, Elf, A Christmas Story, and The Family Stone. They compare these iconic scenes against real-life self-defense laws. They focus on crucial concepts such as imminency, proportionality, defense of property, and more!
Home Alone
Legal Lesson: Self-defense vs. Defense of Property.
When Kevin learns burglars plan to rob his house, the law does not permit him to preemptively attack, it’s not imminent yet. But when they arrived, he had every right to fight back with deadly force. However, it depends, different states have different statutes put in place. But in the state of Arizona, Kevin would have every right to fight back with deadly force, especially since the burglar entered his home. His BB gun and traps are considered non-deadly force. Illinois law –the state in which the movie is set – permits the use of force, including deadly force, to defend your home if a forcible felony is imminent.
Remember when Harry, one of the burglars threatens to bite off Kevin’s fingers? That’s where Old Man Marley’s shovel comes into play. Defense by a third party is legal if the threat is real and imminent. A shovel to the back? Proportionate and effective.
A Christmas Story & Elf
Both Ralphie (after relentless bullying) and Miles Finch (after Buddy’s button-pushing) lose their composure. However, verbal insults, even really annoying ones, aren’t enough to legally justify punching someone. You can’t claim self-defense just because someone hurts your feelings.
The Family Stone:
Brad (Vince Vaughn) gets dogpiled by relatives in a chaotic holiday beatdown. So, what happens when multiple people come at you? The higher the number of attackers, the more force you may lawfully use – provided it is proportional and necessary to stop the threat. If using your fist is sufficient, that is acceptable. However, if the situation escalates, your response may lawfully escalate as well.
Die Hard:
John McClane’s Christmas Eve is full of machine guns, terrorists, and broken glass. So where does the law stand? McClane faces deadly force and responds as such with his firearm. He’s also got no safe way out, checking all the legal boxes for self-defense, even with deadly force.
A Long-Awaited Debate: Is Die Hard a Christmas movie? The attorneys say YES, because hostages or not, it’s still set during a holiday party.
Closing the Curtains on This Movie Night:
From BB guns to fists to firearms, this legal holiday special shines a festive spotlight on real-world self-defense laws:
• You can’t defend against a future threat.
• Verbal taunts do not justify the use of physical force.
• Proportionality is the guiding principle.
• Defending others? Totally legal, if the danger’s real.
If you want trusted legal protection in the event of a self-defense incident, don’t wait. Call 866-404-5112 or email us now to learn more about our Attorneys On Retainer Program.
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