Interesting video. Happened a couple days ago:
Homeowner has a 9mm intruder has a .22. No one hurt....,
Homeowner has a 9mm intruder has a .22. No one hurt....,
Am I correct that the intruder had not fired (in fact had put the gun back in his waistband)....
...and that the homeowner then fired on him at that point . . . first ?
No, I do not believe you are correct, nor is the unstated implication that to fire first would be wrong.Am I correct that the intruder had not fired (in fact had put the gun back in his waistband)....
...and that the homeowner then fired on him at that point . . . first ?
No, I do not believe you are correct, nor is the unstated implication that to fire first would be wrong.
1. The full narrative by the homeowner makes it clear he does not recall who fired the first shot.
2. It really does not matter who shot first. The intruder first tried to break down the door several times, then drew and aimed a gun at the door. At that point the homeowner was clearly facing a deadly force threat and had full justification for responding with deadly force.
You do not have to wait for the bad guy to pull the trigger and then return fire in order to have a justified self defense shot. Once the bad guy pulls a gun like that, you are fully justified.
Craig
Depends on the state, Im sure.he may have tried several times to kick in the door, but he still was not INSIDE the house. the home owner could have called 911, and held back.
i wonder if the home owner gets charged with anything?
i was always told, you are in your home, you are safe, the intruder has to actually GO INSIDE, before you start shooting at him.
cuz in the end, 'what if" you hit an innocent by stander cuz you cannot see thru a door???
I would be extremely reluctant to shoot though a door at anyone.
Then the homeowner spoke freely to the press about his experience. A lot of stupid in this video (by the intruder and the homeowner).I agree. I didn't see how the threat rose to the level of deadly force if the homeowner fired first. And he admits he doesn't know who fired first.
Did the firearm malfunction causing it to fire? Unless it was a mechanical failure it was a NEGLIGENT discharge. And even if it was a negligent discharge that in no way, shape or form excuse it.From the video that might be the first shot fired... and accidental discharge while trying to get an unloaded gun into play in the heat of a bad situation.
Such as checking the surveillance camera to see what's outside. What's the point of having a surveillance system and not using it?...Not only that, but he was doing so only after realizing a violent, armed person was on his doorstep. If nothing else, it is clear that even a small amount of forethought could have mattered....
One may NOT employ force because of what someone has done.If someone is trying to knock down your door, and then pulls a gun, even if he retreats, he has put you and your family in a potentially mortally dangerous situation.
One may NOT employ force because of not knowing what someone will not do.How is one to know that the perp isn't going to his car to get a shotgun to blow your lock off and enter your home?
That, by itself, would not be sufficient.In my eyes, a reasonable person would be in fear of their and their family's life in that situation.
NO!Shooting is therefore justified.
No.Isn't that why we have firearms in our homes?
Go back over it again, slowlyam currently reading "Deadly Force" by Masad Ayoob,
Go back over it again, slowly
One may NOT employ force because of what someone has done.
Yes, and many otters.
No, but i have studied under Ayoob, and I have taken several times as much in the way of classes on use of force law than is taught in law school.
In your example, a threat of death or serous injury would not be imminent.