question about the law

raggie33

*the raggedier*
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Aug 11, 2003
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ok i dont live in the best neeiberhood.i only live here cause i needed a big yard and a big house.and well im not rich lol.and still kinda young.so i hope to be rich some day lol.well here is my question if thief enters my house.am i alowed to protect my self and house with a gun?
 

Tomas

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It really does depend on where you live, both city and state.

Where I live, in Lakewood, Washington, if I believe that the person is a threat to myself or others on the premises I can end the threat with deadly force if necessary.

If he's on his way out carrying my TV set, all I can do is wave goodbye and call the cops. (In Texas you can still drop him on the way out with yor TV set.)

In some places your only legal option seems to be to bend over and grasp your ankles ...

T_sig6.gif
 

flownosaj

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[ QUOTE ]
Tomas said:
In Texas you can still drop him on the way out with yor TV set.

[/ QUOTE ]

Ha-ha! or more aptly, muhahahahaahahha..... (as I call my arch nemissis over into my garage)


-Jason
 

RevDavid

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I think the general rule is, if he's going to kill you, do whatever you need to do to protect yourself. Self-defense should take of you in that case. If you are trying to protect your property, best know the local laws, and best think about what you are willing to do to someone to save your TV set or whatever they are taking.

As for me, I think they could take the TV set. I can always buy another one. Try to hurt my wife or child, on the other hand... that's another story.

David <><
 

hawkhkg11

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If you live in Texas, you can shoot him as he's running away. If you live anywhere else...make sure you ask him to turn around before you shoot him. Entrance wounds in the back will not go good with a jury...

/ubbthreads/images/graemlins/grin.gif /ubbthreads/images/graemlins/grin.gif
 

vcal

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San Gabriel Valley
[ QUOTE ]
hawkhkg11 said:If you live in Texas, you can shoot him as he's running away. If you live anywhere else...make sure you ask him to turn around before you shoot him. Entrance wounds in the back will not go good with a jury...:D /ubbthreads/images/graemlins/grin.gif

[/ QUOTE ]
All of the abouve might be true as far as the criminal statutes are concerned, but watch out for those CIVIL statutes.

Criminal laws cannot always protect you from be sued and losing everything but your underwear in a civil action. "Wrongful Death" etc.
-It's happened that way in both Texas and Louisiana fairly recently.
So you might not get sent to prison, but you could still lose your real estate, your cars, everything.... /ubbthreads/images/graemlins/frown.gif
 

Rothrandir

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man! i want to move to texas!

i think if somone is stealing something from my house, i should have every right to shoot them dead.
if somone i know is shot while trying to steal somones tv, then serves them right!
i have no tolerance for crime, and i'm disgusted that it's allowed to go so far.

so...in respect to the thread...you should probably check with your city and state /ubbthreads/images/graemlins/blush.gif
 

MenaceSQL

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I believe here in Georgia you can only shoot an invader if they are armed, have you "completely" cornered, and you're life is in jeopardy. If there is room for you to get away from the invader and you don't use that option but instead shoot at the invader, then you're at fault. /ubbthreads/images/graemlins/confused.gif
 

roguesw

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i agree with rothrandir, i too have zero tolerances for criminals, in my opinion, if they choose this path, they should make it a law that they lose their rights as a human being,
 

Al_Havemann

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In NYC and NJ (work, live) it's self protection first. If the entrance wound is in the front and he's armed with say, a butcher knife from your kitchen drawer (not trying to give you ideas but....), then your pretty safe from a charge. BUT, if it's a handgun, they'll still go after you in NYC for possession, probably be OK in Jersey if it's registered.

It works best if the thief can't talk anymore. If he can still talk, he can cause a problem. Nervious home owners can be excused for firing more than one shot.

As a general rule, cops don't like invaders either. If your clearly in the right they'll pretty much take care of it in the language of the police report (I used to be a local cop).

Al
 

Greta

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Arizona
[ QUOTE ]
turbodog said:
Shoot him anyway, and dispose of the body. My uncle did.

[/ QUOTE ]

/ubbthreads/images/graemlins/yellowlaugh.gif ... yes, well we know about you folk from MS... /ubbthreads/images/graemlins/wink.gif /ubbthreads/images/graemlins/grinser2.gif ... Seriously though, this probably isn't the preferred way to handle this scenario... from a legal standpoint, that is... /ubbthreads/images/graemlins/ooo.gif
 

LEDmodMan

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I live in TX. If someone is in my house that I didn't invite in and isn't supposed to be there, the rule is:

Blind and shoot first, ask questions later!

Al H. is right, if they can't talk then they can't cause anymore trouble. Nervous homeowners tend to shoot at least three times...

I am very, how shall I put it, opinionated when it comes to protecting my home and family! I hope it never has to come to this though, but I wouldn't think twice if it did.
 

DieselDave

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As you might guess from my sweet demeanor my first thought would be to ask them to have a seat and discuss their misdirected motivation. Are they oppressed, did they have a tough childhood, feel unloved, do I have more than them and the theft would help equalize their position? I feel it's important to know what's going on inside their head before making a hasty decision. I sure hope the time between me jacking a round and firing is long enough to convey all those thoughts or for them to have a revelation and exit the premises post haste.
 

_mike_

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Shooting someone is a dicey event legally speaking. There are many layers to consider...circumstances, state, judge, prosecuting attorney, county,...right on down to the first officer/officers on the scene.

Tomas eluded to the circumstance where if the person is outside your home all you can do is wave bye-bye. That's not necesarily true. I also live in Washington State and remember two circumstances where the thiefs were shot while running away.

The first was a teenager who got shot jumping over a fence after robbing a home. The next was a convenience store owner who shot and killed a guy who held him up. The robber was outside by a dumpster when he was shot and killed. Neither of these two individuals were charged. The reason for this was that both the homeowner and shop owner were able to prove that they were afraid for their lives. That they did not know if the robbers were running to get help and possibly return to harm them.

However, it's all theory until it happens. It will be up to you to decide (in perhaps a split second) if you can live with the possible consequences of your actions.

mike
 

DieselDave

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Just like many other things in life, school, sports, and business you need a plan. You need to consider as many scenarios as you can and plan your response for each. Periodically review the plan for each scenario. If you choose a weapon, practice and be proficient with the weapon or don't get it out. Make sure your family knows their role in the event of a break-in. Decisions are best made with a clear head prior to confronting an intruder. It will be a highly stressful evolution, which will likely have your brain functioning at about 50% capacity. If you have trained and prepared well then the response will be automatic and you will have a better chance of not making a potentially horrible mistake. Know what you will do if charged as well as if the intruder flees. Know what you will say and do if the intruder is in your child's bedroom or in your garage. There are obviously high and low threat areas in your home and not all should be treated the same way. Bottom line, split second decisions should be avoided as much as possible and preparation is the key. Don't be a dead or imprisoned hero, your family would rather have you alive and home for the next time they need you.
 

BF Hammer

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You have to check your local state and city/county laws. In Wisconsin it is illegal to use deadly force in any circumstance unless your life is in imminent danger.

<Rest of this message edited out per request. If anybody is wondering, I paraphrased G. Gordon Liddy's usual advice on how to conduct a proper shooting of a home invader.>
 

oldgrandpajack

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I suspect, that normally there is no time to reach for a gun anyway. Remember, they snuck in while you were sleeping. If you have a loaded gun, they may have it in their hands already. My biggest question isn't the law. It is, can I justify to myself, the killing of another human being for his or her attempt to take some of my property? In the end, I am the one that is going to have to live with it. I am all alone so there is no one to protect. If someone breaks into my home my insurance will reimburse me for my losses. What if it's actually my son coming to visit and he's afraid to wake me? What if it's a police officer checking after the fact, my having slept through the whole thing? What if it's your wife coming home late and you wake up groggy and flustered? What if one of your children is sleep walking? I am a LIFE MEMBER of the NRA. I can shoot the middle out of a target at 25 yards in about 4 seconds with a 9mm Model 59 S&W. That's about a 3" bullseye. I reload my own ammo. Used to hunt woodchucks with a .22 revolver. I don't want to kill anyone, EVER!!!
oldgrandpajack
 
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