Home Defense law
Hi guys,
I need some help answering this question. When an intruder enters your house do you have to give the intruder a warning or can you use deadly force w/o warning. BTW this intruder is robbing you or is believeed to be robbing you or may be trying to tak someones life. Thanks alot.
Go Army Beat Navy
IF you wanna have fun jine the cavalry
I need some help answering this question. When an intruder enters your house do you have to give the intruder a warning or can you use deadly force w/o warning. BTW this intruder is robbing you or is believeed to be robbing you or may be trying to tak someones life. Thanks alot.
Go Army Beat Navy
IF you wanna have fun jine the cavalry
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Just to cover your hide in court, I would give warning. 0 -
dano listed some really good points. And, don't forget, the police & fire department have the right - even the obligation - to enter your home under certain emergency conditions. In any case of use of deadly force, you may have to convince a district attorney or jury that you believed that you were in imminent danger of death or great bodily harm.
I recommend that you buy a copy of Massad Ayoob's "In the Gravest Extreme".
Personally, all of my guns are in the safe; a professionally installed perimeter alarm system allows me to sleep well at night. Besides, there are too many children/guests in my house to take a chance on leaving a gun around.
Neal0 -
If you keep your doors locked at night, you wont have elderly people or drunks wandering into your home. If they encountered a locked door and still thought they were "home", they would knock.
If the police or fire dept needed to enter your home, they would knock and announce there presence before coming in.
Giving a warning is something that is appropriate in some situations and not appropriate in others. If you have an aggressive intruder, armed or not, and he is within 21 feet of you and advances toward you, I would shoot without warning. You can justify this with expert witnesses if it came to that. You could also get some training on your own so as to be better informed on the proper way to deal with intruders in your home.0 -
trooperchin, I don't think a person with alzheimers would try to rob you or harm someone. Nor does the neighborhood drunk mistakenly or knowingly enters his house with the intent to rob or harm someone.
And if an officer or firefighter enters your home, you can only hope that they'd be in uniform.
Back to the original question; if someone "breaks" into your house with the intentions of robbibg you or hurting your family and you think that deadly force is the only option, then I can only hope that you carry it all the way out. "Dead men don't testify"
I know the laws here in Texas are alot different than most states.
The way I look at it is;if your in my house, You'll play by my rules.
When you hear my warning, you have approximately 18/1000th's of a second to reply. My warning is the hammer falling against the firing pin.
I can only relate to how I would handle a situation and by no means is this to be taken as advice. If it was just me in the house then we would probably scrap. If my wife and kids are home, different story. I pray to the good Lord that it never happens, but if it should, then I'll pray to the good Lord to forgive me for taking a life. But I would NOT hesitate.0 -
Sorry dano[:)] 0 -
This is only MY opinion of course others may feel diferently. The best advice I have seen in this posting is to read Mas.Ayoobs books he has delt with your question more than most. A lot of times from the wittness stand in front of a jury. It may be diferent in some places but I belive if you are truly in fear for your life you are justified in useing deadly force. But beaware there are a lot of things that are not what they seem. And heaven forbid you do take a life, you have to prove in court you were in fear for your life, or that of a loved one. If you ever had cross words with the corpse you will go to jail. If you use hand loads in your gun you MAY go to jail. If you ever uttered the phrase" if any body breaks into my house I'll shot'em" and that gets to a jury you will go to jail. If any body ever sees your post in this forum, and you have shot some one you MAY go to jail. If you are being robbed that is not justification, you have to be in fear for your life. I'll finnish by saying you better be d**ned sure befor you pull your weapon and touch it off.
You'v gota kill it to grill it0 -
I sure hope the intruder that comes in my locked home has the paramedics with them. My dog is going to chew them up and will be barking enough to wake me up. 0 -
You did not say what state your are in:
1. Read your states use of force statues and see what they require.
2. From a tactical stand point, unless you have a good position of COVER and the element of suprise on your side it may be a fatal error to challange the suspect. BUT you MUST POSITIVLY ID YOUR TARGET BEFORE YOU ENGAGE.(use deadly force)
3. I used to teach, for civilian self defence, if you have time to think about weather you should or should not shoot you probably should not. This relates to having to react almost instictivly to save your, or someone elses, life.
Hope this helps and does not cause more confussion.
Self defence is an ablsolute and natural right. Keep your powder dry! J. Rau, Alaska0
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