mljdeckard
Member
You can't re-write rule #4 because you are scared of something you can't see.
If I were breaking into my own house, who would be inside shooting at me? LOL.
Hattori Yoshihiro was a Japanese exchange student residing in Baton Rouge, Louisiana, at the time of his death. Hattori was on his way to a Halloween party and he went to the wrong house by accident. The property owner, Rodney Peairs, mortally wounded Hattori with gunfire, thinking he was trespassing with criminal intent.
No one ever suggested to shoot "at every little noise".I think DogStar hit the nail on the head. Many of us with families, roommates, even friends who drop by unannounced simply can't afford to shoot at every little noise we hear at the door.
Who was inside your houses that would be shooting at you?LOL. I've had to break into houses that I've lived in a number of times. LOL. How would that look from outside? It would look exactly like a burglar was gaining entry. How would that sound from inside? It would sound exactly like a burglar was gaining entry. Obviously you're playing some Internet punk ego game, so you want to swing around telling everybody that you execute every Jehovah's Witness that knocks on your door - and that's great. Carry on.
But the point is that people do, from time to time, exhibit behaviors that give the impressions of wrongdoing but are not. Fearful, untrained and irresponsible gun owners will fire at shadows, odd sounds, an unexpected knock on the door or a Japanese exchange student.
He or she is correct. If you do not know who the person is, you are not "sure of your target "--by definition. If you do not know who else is where on the other side of your door (out to several hundred feet, at least) at the time, you are not sure of your backstop.This [firing at a person before you know who is attempting to gain entry is not being sure of your target or backstop] has already been covered ad nauseum. You are wrong.
Your right to use deadly force has absolutely nothing at all to do with whether or not someone "deserves to be shot", nor do you have any right at all to make that determination.Any neighbor, relative, "etc" who is illegally breaking into my home (obviously without my notice, or they would have called/yelled out, etc) deserves to be shot. A criminal being a neighbor or a criminal being a relative is still a criminal and should be treated as such.
That is completely irrelevant.Someone is breaking into your house: they are breaking the law and have no regard for it.
Such a possibility does not enter at all into the determination of whether the use of deadly force is immediately necessary and therefore justified.Or the chance to run away and go rob someone else.
Gouranga mentions a case of a father shooting his daughter's boyfriend. See again: breaking the law, deserving the consequences.
Again, whether a person deserves to die is up to a jury. You cannot shoot someone simply because he is "breaking the law" anywhere in this country. In many jurisdictions you can use deadly force if immediately necessary as a last resort to prevent a forcible felony, but that is not the same thing.Originally Posted by shockwave
In the matter presented by the OP, my interpretation of "be certain of your target" means "be absolutely sure this is a person who has to die."
Again: Criminal: Breaking law... what don't you understand here?
Actually, there may well be a "good excuse" (ever hear of a necessity defense?). The "laws above" were intended, quite properly, to establish that the act of breaking into an occupied dwelling provides a reasonable presumption of an immediate danger of death or serious injury to the occupants, thus justifying the use of deadly force to prevent such harm. They have absolutely nothing to do with the subject of punishing the intruder for breaking the law, nor do they permit the use of deadly force simply because someone is breading the law. They pertain to the right of self defense, and only to that subject.We all know that there is no good excuse for someone to be breaking into your home. Again, please see the laws above. If someone is attempting to break into your home without announcing they are breaking the law.
...which has absolutely nothing to do with the justification for the use of deadly force.The sheer act of breaching your door in any way (or any window) is breaking and entering.
??Stop crimes at the first notice that they are occurring, criminals have no regard for the law (as they are already breaking it), and it is up to you to stop it as soon as possible.
...would you be satisfied with this situation as it played out had you been the homeowner in this case? If not, what would you seek to change, and why?
might as well not even own the gun if you leave it in the case.
always gotta have one handy!
1. All guns are always loaded. Even if they are not, treat them as if they are.
2. Never let the muzzle cover anything you are not willing to destroy. (For those who insist that this particular gun is unloaded, see Rule 1.)
3. Keep your finger off the trigger till your sights are on the target. This is the Golden Rule. Its violation is directly responsible for about 60 percent of inadvertent discharges.
4. Identify your target, and what is behind it. Never shoot at anything that you have not positively identified.
actually 2 or 3 bad guys by the article.there were TWO bad guys in this case. The shooter had no idea what was behind his target. He threw #4 out the window
Good grief he did know what was his target and beyond. The person/persons who kicked in his BACK door and trying to come into his house was his target. If bad guy #2 or #3 are behind they are still his targets. I have to go with Jfruser use a little common sense. If one bad guy is kicking in my back door (note kicked in, not knocked on, the back door which is not the door people normally go to) and has one or two buddies with him THEY are there to help him thus THEY are breaking into my home and all have became targets. As for knowing whats beyond I am sure he new that he had about 400 ft of woodlands in front of his house and at least 800 ft of woods to the back of the house (thanks google maps) All that being said he was justified in using deadly force by SC state law. Which by the way superceeds the NRA's, or anyone elses safety rules.If you have no idea, you shouldn't shoot.
Think of the press release as a job protection program.''The 911 call came in at 9:19 a.m. about a home invasion burglary at 632 Nodding Hill Road in Spartanburg County, said Public Information Officer Tony Ivey...''
way to go giving away the guys addy for all the homey's gang banger friends to get revenge.
Mljdeckard Even with your own state laws I am pretty confident that I could argue that the shooting was justifiable. It all comes down to the interpretation of the law and case presidence if there is any.Utah Code
Title 76 Utah Criminal Code
Chapter 2 Principles of Criminal Responsibility
Section 405 Force in defense of habitation.
76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
And read what I said again. If he ENTERS your home, by violence or stealth, with the intent to commit a felony, you are justified in using deadly force.