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Legality of self defense in the home?

EM87

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From everything I've read and/or heard on the subject, if someone forces their way into my home and I shoot them, I am not guilty of any crime because it was a self-defense shooting.

My question is, how is an in-home shoot a self defense shooting if this person has not made any threat to you? Say you find someone in your room stealing your things but they make no move towards you and they don't have a weapon that you can see. How is it legal for you to shoot them?

I just need to make sure I have all my bases covered in case someone ever breaks in.
 

office888

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EM87 wrote:
From everything I've read and/or heard on the subject, if someone forces their way into my home and I shoot them, I am not guilty of any crime because it was a self-defense shooting.

My question is, how is an in-home shoot a self defense shooting if this person has not made any threat to you? Say you find someone in your room stealing your things but they make no move towards you and they don't have a weapon that you can see. How is it legal for you to shoot them?

I just need to make sure I have all my bases covered in case someone ever breaks in.
Lethal force is only an option if your life, or the lives of others are being threatened.

You're more than welcome to wave a gun in their face all you want, but for your sake, never shoot an unarmed man.

-Richard-
 

EM87

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So what's up with everything I've heard about shooting someone who breaks in? Did you hear the 20+ minute 911 call from the lady with the shotgun where the guy threw a table through her glass door and she shot him? He didn't have a weapon.
 

office888

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EM87 wrote:
So what's up with everything I've heard about shooting someone who breaks in? Did you hear the 20+ minute 911 call from the lady with the shotgun where the guy threw a table through her glass door and she shot him? He didn't have a weapon.
It's a case-per-case basis.

A jury is going to look more favorably on a 50-year old woman, with a double barrel shotgun, that was breaking down crying when she shot the intruder, than say, a 20-something man who works as a security guard.

But, as said, better to be judged by a jury, than be dead.

Use your BEST judgment, but don't wind up dead.

-Richard-
 

T.J.

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If someone is in your house uninvited like that, you have to believe that they are there to do you harm. In my CPL class we were taught to "fight until there is no more threat" SHOOT TO KILL, that way there is only one story YOURS...
 

office888

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T.J. wrote:
If someone is in your house uninvited like that, you have to believe that they are there to do you harm. In my CPL class we were taught to "fight until there is no more threat" SHOOT TO KILL, that way there is only one story YOURS...
Or a drunk as heck pastor that happened to stumble into the wrong house.

It's happened before.

If someone were to break in, I would hold them at gunpoint. They will receive ONE warning. If they do not comply with my commands, they will be shot until they are no longer a threat to the safety of myself/my family. It's as simple as that.

-Richard-
 

conservative85

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Shoot, Shovel, & SHUT UP!

Inside the home without permission is um how do I say this...Dangerous to your Health.

Shoot to Kill. I'd rather be tried by 12 than buried by 6!

All else fails Exercise your 4th & 5th Amendment Rights
 

malignity

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conservative85 wrote:
Shoot to Kill. I'd rather be tried by 12 than buried by 6!
Comments like this can be used against you in the court of law during a self defense trial, if there is one.

You NEVER EVER EVER shoot to kill in any situation. You shoot to stop the threat... With hollow points, and in vital areas.

Yes, there's a difference. Think about it.



;)
 

mikestilly

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office888 wrote:
EM87 wrote:
From everything I've read and/or heard on the subject, if someone forces their way into my home and I shoot them, I am not guilty of any crime because it was a self-defense shooting.

My question is, how is an in-home shoot a self defense shooting if this person has not made any threat to you? Say you find someone in your room stealing your things but they make no move towards you and they don't have a weapon that you can see. How is it legal for you to shoot them?

I just need to make sure I have all my bases covered in case someone ever breaks in.
Lethal force is only an option if your life, or the lives of others are being threatened.

You're more than welcome to wave a gun in their face all you want, but for your sake, never shoot an unarmed man.

-Richard-

That's not necessarily true. A man much larger then you can kill you with his fist just as he can stab you with a knife. Especially for women this wouldnt be true. Most attacks are hand to hand combat not simple B&E. The statement of dont shoot until your life is in jeopardy is all that needs to be said really.
 

mikestilly

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malignity wrote:
conservative85 wrote:
Shoot to Kill.  I'd rather be tried by 12 than buried by 6!
Comments like this can be used against you in the court of law during a self defense trial, if there is one.

You NEVER EVER EVER shoot to kill in any situation. You shoot to stop the threat... With hollow points, and in vital areas.

Yes, there's a difference. Think about it.

 ;)

Though you are correct legally speaking but in most cases shooting 2 to the head 1 to the chest is the most successful method of stopping a threat. In most cases stopping the threat = shoot to kill.
 

malignity

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And that's the reason people that rightfully defend themselves get sent to prison for 3rd degree murder.

Your call, do what you want. For me? I won't be taking the risk, and will never say those words. They're public, where anyone can read them. If someone dies because I had to stop them for being a threat, that's one thing, but saying that you're shooting to kill is only asking for trouble.
 

conservative85

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malignity wrote:
conservative85 wrote:
Shoot to Kill. I'd rather be tried by 12 than buried by 6!
Comments like this can be used against you in the court of law during a self defense trial, if there is one.

You NEVER EVER EVER shoot to kill in any situation. You shoot to stop the threat... With hollow points, and in vital areas.

Yes, there's a difference. Think about it.



;)
It's all hear say! Anything can be used against you in court! My Military back ground, my Army Expert Pistol Badge, The fact that I wear Army BDU's on the weekend. Well you get my point, but I do appreciate the tip. :D

The last thing I worry about is what I say, & where I say it. It could go the other way too...They could say since you have an expert pistol badge that I was shooting to Mame, You intentionally wounded the Suspect to torture him blah blah blah. it's all rhetoric....You cannot win when you think like that.
 
B

Bikenut

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office888 wrote:
EM87 wrote:
From everything I've read and/or heard on the subject, if someone forces their way into my home and I shoot them, I am not guilty of any crime because it was a self-defense shooting.

My question is, how is an in-home shoot a self defense shooting if this person has not made any threat to you? Say you find someone in your room stealing your things but they make no move towards you and they don't have a weapon that you can see. How is it legal for you to shoot them?

I just need to make sure I have all my bases covered in case someone ever breaks in.
Lethal force is only an option if your life, or the lives of others are being threatened.

You're more than welcome to wave a gun in their face all you want, but for your sake, never shoot an unarmed man.

-Richard-
Please reconsider your thoughts about an "unarmed man"... because there is really no such thing.

A person might not have any tool (including conventional weapons) in their hands but that does not mean they are "unarmed" since bare hands used to strangle... fists used to pummel....and feet used to kick... are all weapons when used to inflict great bodily harm or death.
 

T.J.

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If you" LET him live" he may return and endanger your family.If he's DEAD, he can't return. Think of your family. Remember, he is not wanted there.
 

T Vance

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Not on this website, USA
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conservative85 wrote:
The last thing I worry about is what I say, & where I say it.


Just remember this, "anything you say can and will be used against you in a court of law".

Just so you know, when I went to get my CPL the gun board held up a pile of pages they printed up from this forum. Then they said "I see you're a proponent of open carry". It might be a little harder for police to figure out who certain people are on here (matching screen names to real names), but in my case it was pretty easy.


Just saying it's something to keep in mind.
 

cabman1

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Apr 1, 2009
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Jackson , Michigan, USA
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EM87 wrote:
So what's up with everything I've heard about shooting someone who breaks in? Did you hear the 20+ minute 911 call from the lady with the shotgun where the guy threw a table through her glass door and she shot him? He didn't have a weapon.

Yes he did have a weapon the table!!!!
 

malignity

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Oct 9, 2008
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Warren, Michigan, USA
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T.J. wrote:
If you" LET him live" he may return and endanger your family.If he's DEAD, he can't return. Think of your family. Remember, he is not wanted there.
By no means should anyone live with a close quarters round of 00 Buck, or multiple .40 caliber hallow points, and by no means do I expect someone to, should they break into my home. I don't shoot to kill, I shoot to stop the threat.

Does my shot to the head stop the threat? Yes.

Did I 'shoot to kill'? No, I shot to stop the threat.

WORDING is key here, and that's exactly what I'm trying to explain. We at MOC should know more about technical wording more than anyone else.
 
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