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What if someone breaks into my house and I kill they what's next?

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
blame the wife?

blame the dog? (train your dog to shoot ! perfect defense)

shut the hell up is the best advice ... I would not want to call 911 ...

just put his body out on a lawn chair with a sign "I was a burglar..I am now a reformed one"?
 

Gunluvr

Regular Member
Joined
Aug 27, 2009
Messages
13
Location
Decatur, Georgia, United States
Then you shoot and kill the intruder. The same goes for car thieves. Make sure you say that you feared for your life and do not shoot them in the back, only prison guards can legally backshoot a person. Besides your personal emotions and feelings it's a straightforward occurrence and the law is on your side.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Then you shoot and kill the intruder. The same goes for car thieves. Make sure you say that you feared for your life and do not shoot them in the back, only prison guards can legally backshoot a person. Besides your personal emotions and feelings it's a straightforward occurrence and the law is on your side.

Please provide some citations supporting any of the contentions above. I ask because I have a very hard time believing any of them accurately reflect the current state of what is legally defensable.

stay safe.
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
Then you shoot and kill the intruder. The same goes for car thieves. Make sure you say that you feared for your life and do not shoot them in the back, only prison guards can legally backshoot a person. Besides your personal emotions and feelings it's a straightforward occurrence and the law is on your side.

This type of statement clearly promotes misinformation to so many who do not seek to understand the laws.
ie the attitude of;

"You Can Do This! Just Say I Was In Fear For Your Life"

is a crock of B.S. and if you buy into this line of thinking you are not doing yourself, family or anyone else any favors by taking such an ignorant position.


Use of force is for self defense and not a reason to use force.​

Note I used the wording Use Of Force as there are many levels concerning
Use of Force Being Necessary and Reasonable as viewed by a Reasonable Man knowing what you knew at the time and would have acted as you did.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
When and why you can shoot someone is governed by state law; so in one state you maybe able to shoot a car thief whereas in others you cannot. (at least legally).

Also, in some states you can legally fend off an illegal arrest and in others you're not supposed to be able to.

Consult your own state law to check the veracity for situations related to you.
 

eamelhorn

Regular Member
Joined
Jan 19, 2012
Messages
143
Location
ripley wv
Heaven forbid it ever happens. My reasoning is if someone will come into your home uninvited knowing you are there. Or if they are in your home and you come back home. They will do anything to get away. If I am ever faced with that I would choose my words very carefully to 911, and not speak to LE without an attorney present.
 

Rusty Young Man

Regular Member
Joined
Jun 19, 2013
Messages
1,548
Location
Árida Zona
Then you shoot and kill the intruder. The same goes for car thieves. Make sure you say that you feared for your life and do not shoot them in the back, only prison guards can legally backshoot a person. Besides your personal emotions and feelings it's a straightforward occurrence and the law is on your side.

If you are being sarcastic or humorous, please use a smiley or write it out after your post (e.g.: "/sarcasm").

If you meant for your post to be serious, please refrain from carrying for the time being, and please reevaluate your reasons for carrying.

To the OP: if you are in fear for your life because of a legitimate threat posed by the intruder, chances are you will have to fire, and because you don't want to hit any innocent passerby on the street, you will likely aim center of mass to reduce the likelihood of missing ("shoot him in the leg" only works in Hollywood). Yes, this may bring about the death of the intruder or intruders, but your first priority is stopping the threat, not arresting criminals.
Don't expose yourself to any more legal or bodily harm than you have to by firing a "warning shot" (negligent discharge within city limits and could be argued in court as a sure sign you had time to react and weren't in a life-or-death situation), aiming for the leg or arm (chances are you will miss and will have to account for where that projectile end up), or using "less lethal" devices (stun guns and pepper spray that do not always work anyway, and are wholly inadequate in a life-or-death situation).
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
The best advice from a SC/MO resident, where "castle doctrine" law is very strong in favor of the property owner/controller, is to research the use of force laws as it pertains to the defense of property. Be sure to research the civil side of a SD event in your home.

RSMo 563.041. Use of physical force in defense of property.

1. A person may, subject to the limitations of subsection 2, use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.

2. A person may use deadly force under circumstances described in subsection 1 only when such use of deadly force is authorized under other sections of this chapter.

3. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.

4. The defendant shall have the burden of injecting the issue of justification under this section.
See http://www.moga.mo.gov/statutes/C500-599/5630000031.HTM for a look at Missouri's defense of persons statute.

Do not be deterred by legalese. If you are uncomfortable with your understanding of the statute(s) in GA ask around and research SD incidents in the home in your area. They tend to make the news, some more so than others. In my area if it is a "no brainer" justified SD situation the news drops the story fairly quickly because the cops are pretty good about taking the facts available and coming to a conclusion in short order. Nothing to see here kind of thing for the cops.

Any civil action by the perps survivors is also addressed in our statutes and it is not favorable to the perps survivors.

If I am at home and someone breaks into my castle I will not waste time to determine their intentions, cops don't waste time on that crap why should I, it is my castle.

Heck, some LEAs will send SWAT for a burglary call.
 
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