You and your wife are a shoot first, in the home, talk later bunch, OK. But, you placed life above stuff, or at least you stated that. You even use 'judgement call' in this post. If he does get that short blurb out and you shoot anyway, regardless of location, you contradict your position, OK.
Life and/or property is the judgement call of the homeowner, not folks typing madly on computer keyboards. If the action falls within the confines of the law or is a defense against the law when violated then who are we to say one way or the other. What we may or may not do in similar circumstances is completely irrelevant.
Believe it or not, in my view, LE takes a fairly common sense approach when it comes to the discharge of firearms where self-defense or defense of property is concerned, when you are on your own property. I've been told on more than one occasion, by LEOs, that LE has little sympathy for home invaders/burglars, especially when ya got kids in the house. I as the home owner have to do what I have to do to protect life AND property....according to the LEOs I know.
RSMo 563.041 Use of physical force in defense of property
While I am mostly in agreement with you on this issue, though my choice is a little narrower in concept, if I or another in my presence and there is a life threatening encounter I will likely employ means necessary to protect them or me. If a felony is being committed upon me and mine, then again I will use what force is necessary.
Necessary Force in Washington State can be from little as stepping in front of someone to push of the hand to use of deadly force depending upon what a reasonable prudent know what you knew at the time, would have done the same.
The main issue I have with your post is that you are quoting Missouri Law in a Washington State Forum on a Washington State Topic and using it to support your position that really has no bearing in how Washington State applies their laws.
Washington State Law on this issue;
RCW 9A.16.010 Definitions.
In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.
(2) "Deadly force" means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury.
[1986 c 209 § 1; 1975 1st ex.s. c 260 § 9A.16.010.]
RCW 9A.16.020 Use of force — When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
(4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
(5) Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety;
(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.
[1986 c 149 § 2; 1979 ex.s. c 244 § 7; 1977 ex.s. c 80 § 13; 1975 1st ex.s. c 260 § 9A.16.020.]
Notes:
Effective date -- 1979 ex.s. c 244: See RCW 9A.44.902.
Purpose -- Intent -- Severability -- 1977 ex.s. c 80: See notes following RCW 4.16.190.
RCW 9A.16.050 Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.
[2011 c 336 § 354; 1975 1st ex.s. c 260 §
9A.16.050.]
