GUN when is it legal to shoot someone in your house ?

Discussion in 'On Topic' started by smell my finger, Jan 21, 2003.

  1. smell my finger

    smell my finger strive nonetheless towards beauty and truth,

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    say a robber, intruder, ect..


    do they have to be brandishing a weapon ?

    does it matter what they are doing ?
     
  2. Furner

    Furner New Member

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    keep a kinfe around and place it in their cold dead fingers
     
  3. novass

    novass Guest

    You have to show that you are in fear of your life or others in your home. This may be a little easier to show ( in a court of law) considering the intruder has gained illegal entrance.

    I would not suggest you try to stage / modify a crime scene( placing a fire arms or knife ) with todays science it is very easy to spot this kind of thing .
     
  4. footratfunkface

    footratfunkface New Member

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    if your (or someone else's) life is threatened, or if serious bodily injury is threatened. that means that the person need not have a weapon, if they are so massive, or so capable of killing with their bare hands. like, if they're going for your throat, or if it's a giant guy compared to you, or if you know for a fact that he's got martial arts skills or something. i think that mike tyson coming at you in rage would count. something like that. also, in a court of law, you've got it much easier, just because of the standard of proof. "beyond a reasonable doubt". beware of the person's estate or family suing, because then it's "a preponderance of the evidence", which means that in a civil case, you just have to show that you're 51% right.
     
  5. kellyclan

    kellyclan She only loves you when she's drunk.

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    Unfortunately, most of us will only be able to tell you what the law is in our familiar areas. The laws that say at what point a person presents a deadly threat vary.

    For example, where i live, you can shoot as soon as they come in the door, as my state assumes a person breaking into your home intends to do you deadly harm. Whereas my friend in another state must either see a weapon or clearly articulate what the unarmed intruder was doing that he required shooting (ie; "He was choking my wife to death.")

    My best advice would be check packing.org and most importantly, ask your state police's firearms branch.
     
  6. Scoob_13

    Scoob_13 Anything is possible, but the odds are astronomica

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    Depends on the state, but in Texas the moment they're inside, they're open season :bigthumb:

    Now, the thing about it is that they don't have to have a weapon, because the threat against your lives is assumed. In Texas, you can also protect your property, so if they have my TV in their hands, I can shoot them. Of course, they'd drop my TV and I'd have to clean the carpet, but less criminals > carpet cleaning bill.

    A good place for information is your local concealed carry instructor, they generally cover this information in their classes, and for citizens, it's a good way to know what other citizens can do, even if you don't plan on carrying.
     
  7. Scoob_13

    Scoob_13 Anything is possible, but the odds are astronomica

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    This would land you in pound-me-in-the-ass-prison faster than you can say "oh bubba"
     
  8. Fox800

    Fox800 Fear Boner OT Supporter

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    Varies from state to state.
     
  9. g0dl355

    g0dl355 New Member

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    Suck a dick, faggot.
    Texas owns. :bigthumb:

    If someone were stealing my car thats parked in the driveway right now, I could walk out the door, and BAM, nail em right then and there.
    Otherwise I gotta wait till they are inside, and make sure I kill them before they get out :o
     
  10. Y2kAccord

    Y2kAccord Everything happens for reasons I just dont know

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  11. el gayvo

    el gayvo Active Member

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    In california? Never.
     
  12. Jabberwocky

    Jabberwocky 06 08 33 35 36

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    I believe they have to kill you first in California for it to be legal.
     
  13. Hood Moses

    Hood Moses I part the Black Seas...

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    :werd:
     
  14. heavyd187ca

    heavyd187ca Guest

    ohh well i live in canada so we got no guns well we do just not as much as the usa and there hard to get up here so thats why i wanna move to the usa so i can get an AK foe my House lol and if anyone breaks in damm crazy clips gonna flip
     
  15. footratfunkface

    footratfunkface New Member

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    when you get to america, i'll meet you at the border, and teach you the grammar and punctuation of the english language, so that you can fill out an employment application, instead of living off our taxpayers' money. god, i pray that canada's schools aren't as bad as you seem to indicate that they are. even your avatar has shitty grammar and spelling.
     
  16. Kent

    Kent Guest

    It varies a lot by state. I think in MD where I live now you'll probably be prosecuted for shooting an intruder,
    but in North Carolina where I used to live, it seemed pretty clearly within the law

    http://www.webnexus.com/users/ncrkba/14-51.txt
    GENERAL STATUTES OF NORTH CAROLINA
    CHAPTER 14. CRIMINAL LAW.
    SUBCHAPTER IV. OFFENSES AGAINST THE HABITATION AND OTHER BUILDINGS.
    ARTICLE 14. BURGLARY AND OTHER HOUSEBREAKINGS.

    s 14-51.1 Use of deadly physical force against an intruder.

    (a) A lawful occupant within a home or other place of residence is
    justified in using any degree of force that the occupant reasonably
    believes is necessary, including deadly force, against an intruder to
    prevent a forcible entry into the home or residence or to terminate the
    intruder's unlawful entry (i) if the occupant reasonably apprehends
    that the intruder may kill or inflict serious bodily harm to the occupant
    or others in the home or residence, or (ii) if the occupant reasonably
    believes that the intruder intends to commit a felony in the home or
    residence.

    (b) A lawful occupant within a home or other place of residence
    does not have a duty to retreat from an intruder in the circumstances
    described in this section.
    (c) This section is not intended to repeal, expand, or limit any
    other defense that may exist under the common law.
     
  17. footratfunkface

    footratfunkface New Member

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    in GA, we can hold a person in commision of a felony at gunpoint. so, say, someone's breaking into your car, and you hold them at gunpoint. if they do anything to come at you, make an agressive move toward someone else, you can shoot them. so, you can somewhat defend property. but you can't outright shoot them for breaking into your car.
     
  18. Shaydz

    Shaydz Guest

    Kent,
    This statute looks correct but the interpretation is actually that you have to feel you without a doubt that the intruder will kill or inflict serious bodily harm to you. You have a right to use deadly force as someone is breaking in but lose the right once they have broken in if you are not in immediate bodily harm's way. You cannot use deadly force to prevent a robbery. They could be carrying out your Stereo and you can't even restrain them with a gun (point at them). They can sue you!
    I was told by my carry instructor (he is also a well-known gun's rights lawyer) that your best defense if someone gets in is call his mother every name you can and lock your bedroom door behind you. As he tried to break through, you've gained your right once again. Also you can assume someone else's right of self defense if they cannot protect themselves (such as your children, wife).
    The judicial interpretation of the NC law was drilled into us to get a carry permit. NC law sux as far as this is concerned.
    Other tidbits are that weapons cannot be carried in public places like parks (guess where most rapes occur outdoors) - open ground for muggers / rapists there.
    In SC, it's "Home is Castle" - a lot like Texas (at least it used to be).


     
  19. Scoob_13

    Scoob_13 Anything is possible, but the odds are astronomica

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    Texas is still a "Home is your castle" state, and if they are stealing your TV, you have every right to shoot them to prevent loss of property. Sure, it's frowned upon because people ask "is a life worth your TV," but I answer "well, that criminal stole my TV, so he clearly thought his life was worth it."
     

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