About Germany, §32 StGB doesn't require proportionality, the test is "Erforderlichkeit" or "necessity". So if you only have a gun and get attacked by a knife, you don't have to "make things even".

Of course, if someone is simply stealing a Catalytic Converter you can't really shoot them, as it's a bit much... you can point a gun at them, and possibly even shoot the air, that's easier to argue as self-defence. If they threaten you back, the situation changes.

The problem is having a gun in the outside, in Germany, good luck with that... of course, if it's someone stealing something inside your house, it becomes a home invasion, which is a completely different thing than someone stealing your property on the street.

It's way more nuanced than Texas, which has a bit more clear cut law.

▲

weinzierl 11 hours ago | parent [-]

§32 StGB requires "Erforderlichkeit" (necessity) AND "Gebotenheit" (appropriateness).

The knife vs gun example is from legal education to teach that §32 StGB requires the mildest means available in the concrete situation.

▲

whstl 11 hours ago | parent [-]

But if the "mildest mean available" of self-defence against a knife assailant is a gun, the a gun is the most appropriate, simply because others aren't available. Naturally pretty much nobody has a gun, so not a problem, but this has happened and has been discussed. Germany doesn't have proportionality.

And there are even other articles like §33 StGB, which excuses excess arising from fear, fright or confusion, which is what happens if someone points a knife at you.

"Gebotenheit" refers mainly to what I'm talking about in my second sentence (trying other means before shooting) and to sozialethische Einschränkungen (e.g.: psychosis, provocation, trivial attacks, etc), it doesn't "forbid" using a legal gun against an assailant actively attacking you with a knife as a last resort.

	▲	weinzierl 4 hours ago \| parent [-]
		Doesn't change what I'm saying. When you use a gun against an attacker with a knife expect to end up before a judge as the defendant and not as the victim. The court will decide if using the gun in this specific case was necessary (notwendig) and appropriate (geboten). Only if it was both will you go unpunished.