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Not Bird of Prey, they are protect by federal law, no matter what your state say
No offense, you can kill any animal or bird that endangers your life or safety. If a bird of prey is on a dive toward your general direction they are fair game.
I would take great caution with that attitude.... If you kill a federally protected animal and use the defense that it was going to kill you? Im sorry but that is rather improbable. Only time a bird of prey would attack a human would possibly be in defense of its nest or young, and they are also federally protected and you would have not business being that close to them in the first place. Birds will swoop and harass people too close but the likelyhood of any severe injury is pretty small.
"its coming right for me!' Has proven repeatedly to not be an adequate defense, and should not be counted on in. and if simply removing yourself from the area returns your person to safety, any officer or court is going to look at that fact, and act accordingly. We can be held responsible for our actions, and endangering protected animals is just as fine-able a situation, as actually killing or injuring one.