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Thread: Sooting Az home invader???

  1. #1
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    If you find a person has invaded your house or in the process of invading your house and hasn't fully come into the dwelling yet... what do you do?



    Is it legal to shoot without knowing if the BG is armed? Assume very dark house, you know no one should be in the house, can you shoot or do you have to hollar warnings etc etc to find out if he is armed or compliant to you?



    Thanks

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    1. If he is not yet inside the house, then you can order him to leave your property. You can also display your firearm to him. If he continues to try to get in, you can aim the gun at him and again order him to leave. However, if he is not in your house yet and has not threatened you with a deadly weapon, you cannot shoot him. You can grab him by the seat of his pants and throw his ass off of your property but you can't shoot him.

    2. If he is outside your home and when you approach him he threatens you with a deadly weapon, you can shoot him.

    3. If he has forcibly entered your house, you can shoot him. For your own best interests, it may still be beneficial to run him off at gunpoint rather than shoot him but that is up to you. If he has broken into your house and is coming toward you or someone else, you can shoot him. I would avoid shooting in the back especially if he is already heading out of your house.

    I believe this to be the correct legal remedies you can take. *Please note that this is not legal advice and I am not held liable for anything said here.



  3. #3
    Regular Member azcdlfred's Avatar
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    crtbc wrote:
    If you find a person has invaded your house or in the process of invading your house and hasn't fully come into the dwelling yet... what do you do? Is it legal to shoot without knowing if the BG is armed? Assume very dark house, you know no one should be in the house, can you shoot or do you have to hollar warnings etc etc to find out if he is armed or compliant to you?
    In addition to all the legal advice you're going to get, don't forget that in a gun fight you risk everything and you don't win anything. You just keep whatyou have. If it's not worth killing or dying for - it's not worth fighting for.

    Fred



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    Regular Member sccrref's Avatar
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    Here is a link to the state statutes: http://www.azleg.gov/ArizonaRevisedS...s.asp?Title=13

    Sections13-401 thru 13-417 should cover it.

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    State Researcher HankT's Avatar
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    azcdlfred wrote:
    In addition to all the legal advice you're going to get, don't forget that in a gun fight you risk everything and you don't win anything. You just keep whatyou have. If it's not worth killing or dying for - it's not worth fighting for.
    That's a good way to put it.

  6. #6
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    azcdlfred wrote:
    [quote]crtbc wrote:
    If you find a person has invaded your house or in the process of invading your house and hasn't fully come into the dwelling yet... what do you do?┬* Is it legal to shoot without knowing if the BG is armed?┬* Assume very dark house, you know no one should be in the house, can you shoot or do you have to hollar warnings etc etc to find out if he is armed or compliant to you?
    In addition to all the legal advice you're going to get, don't forget┬* that in a gun fight you risk everything and you don't win anything.┬* You just keep what┬*you have.┬* If it's not worth killing or dying for - it's not worth fighting for.

    Fred

    ┬*Fred,
    If you substitute the word gun-fighting for fighting, I would wholeheartedly agree with you. There are plenty of things I think are worth fighting for that are not worth killing or dying for. I may fight to prevent my car from being stolen by an unarmed thief but I would not kill him over it.
    A4L

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    Arizona passed a new law in April 2006 on this issue. Part of the law is commonly known as the Castle Doctrine or Stand Your Ground law and is becomming more and more common throughout the US. I suggest you read the full text for a complete understanding of your rights as a property owner.

    http://www.azleg.gov/FormatDocument..../laws/0199.htm

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    NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A PERSON IS JUSTIFIED IN THREATENING TO USE OR USING PHYSICAL FORCE OR DEADLY PHYSICAL FORCE AGAINST ANOTHER PERSON IF THE PERSON REASONABLY BELIEVES HIMSELF OR ANOTHER PERSON TO BE IN IMMINENT PERIL OF DEATH OR SERIOUS PHYSICAL INJURY AND THE PERSON AGAINST WHOM THE PHYSICAL FORCE OR DEADLY PHYSICAL FORCE IS THREATENED OR USED WAS IN THE PROCESS OF UNLAWFULLY OR FORCEFULLY ENTERING, OR HAD UNLAWFULLY OR FORCEFULLY ENTERED, A RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE, OR HAD REMOVED OR WAS ATTEMPTING TO REMOVE ANOTHER PERSON AGAINST THE OTHER PERSON'S WILL FROM THE RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE.


    ie: if I see "him" breaking my window and crawling halfway in when I find him, I pull the trigger or if "he" is in my house already. I do the same



    Thanks for the clarification

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