I am currently at school in Napa and my parents house is in Reno, NV. Today my parents call and tell me that our house was broken into this afternoon. The dudes didn't take anything of value besides my dads digital camera and his 20 year old camcorder. However, they did manage to ransack my room turning it upside down and stealing my video camera before they got scared off by my parents coming home. My parents filed a police report. I am pissed to say the least but I also had some questions. Hypothetically, if I was home, heard them break in, got my shotgun and shot them both dead in my living room would I be arrested for murder or not? I heard it is better to kill them than to mame them because then they can sue you for every penny. Any people with knowledgeable about defending their home would be awesome. Thanks again.
My house was broken into today
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BIGDADDYLONGSTROKE
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Well if you do kill them they cant sue you, but there family can and it has happened. But if you dont kill them they may want revenge and now know were you live. But in just about any case were you take a life I think your biggest worry is going to be the DA, and no matter what you will most likely have to spend alot of money deffending yourself. Sad times we live in were somebody can break into your home and try to kill your family but you can be held accountable for simply defending you and yours.
But it is like the old saying goes atleast for me anyways, and that is, Its better to be judged by twelve than carried by six.
Just my $0.02
But it is like the old saying goes atleast for me anyways, and that is, Its better to be judged by twelve than carried by six.
Just my $0.02
Byron Quick
Moderator In Memoriam
Vic,
It depends on Nevada state law and the case law developed under those statutes. It is paramount for you to learn what those laws are. Find the applicable Nevada statutes, read them, and then find a Nevada attorney who has personal experience either defending or prosecuting under those statutes. As far as being sued...killing someone doesn't automatically protect you from lawsuits, friend. Their spouse or their next of kin can sue you also. Some states have statutes barring suits over such shootings if the shooting are ruled justifiable. Once again, it is a wise choice to know the applicable laws in your state.
There is an assumption in your post that is a fallacy from several standpoints. That is the maiming versus killing with a firearm. It's not that simple nor is it that controllable. Not for the best shooter who ever lived. Shooting to the center of mass is what is usually taught by instructors for several reasons. One reason is that this will give the best chance of stopping the threat. Another is that, given various physiological reactions to extreme stress, this gives the best chance of achieving a good hit even for an expert marksman. Given human anatomy, there is a chance this will result in the death of the threat. But that is not reason for this target choice. The reason is to stop the threat.
Shooting to stop the threat by non-lethal wounding is the realm of novels and movies-poor ones.
XavierBreath
Member
It would depend on the political climate of your area, whether your DA indicted you, and whether 12 reasonable people on the jury thought you were in fear of your life.
There are no legal absolutes. Make life altering decisions based on what you "heard" if you like. Being arrested for murder is bad. Being incarcerated for defending your life is much worse.
The one standard that you can always live with, whether you are incarcerated or not, is whether you knew you would die if you did not kill. Then the choice is no choice at all if you want to live.
Sure, shoot them. You know you want to.
Posts like this give me chills. Really reflects well on gun owners.
Do you even care if they are armed or not? Threatening you or not? Or do you just want a chance to kill?
I would say, yes, there's a good chance you'll be charged with murder. Enjoy.
K
Posts like this give me chills. Really reflects well on gun owners.
Do you even care if they are armed or not? Threatening you or not? Or do you just want a chance to kill?
I would say, yes, there's a good chance you'll be charged with murder. Enjoy.
K
BIGDADDYLONGSTROKE
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Kentak
And if your at home at night asleep do you wait to see if the intruder is armed or do you just ask him/her first
If they are in your home and not suppsoed to be that is threatening.
I think VicP71 is just trying figure out any legal problems that could occure in a shooting of an intruder
And if your at home at night asleep do you wait to see if the intruder is armed or do you just ask him/her first
If they are in your home and not suppsoed to be that is threatening.
I think VicP71 is just trying figure out any legal problems that could occure in a shooting of an intruder
In the scenario posted, the break in was during the afternoon, and the guy got his shotgun and confronted them in the living room. Are you suggesting he should shoot immediately, absent any other threatening action on the intruders' part? Would you bet the rest of your life that the law would be on your side?
K
BIGDADDYLONGSTROKE
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As I said if they are in your home and not supposed to be period, that itself is threatnening, you have know idea what they are doing in your house or what they want. And now that they know your home they may or may not flee infact they may try to rob you or worse ( i have been in this scenario), so yes I would arm myself and when so intruders came to the part of the house were I was (assuming I am home alone) I would make them both push up daisies. You may only get one chance before they find there weapon.
I will not take that chance with my life or the life on my loved ones. I know there would legal repercussions but I would rather have to pay for a lwayer than my funeral.
I will not take that chance with my life or the life on my loved ones. I know there would legal repercussions but I would rather have to pay for a lwayer than my funeral.
BIGDADDYLONGSTROKE
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Intuder broke into his home illeagally - shoot them. As long as owner is home, if you come home to a break in let the police do there job.
How many times have people been attacked and killed in a break in, the danger is so urgent and pressing.
How many times have people been attacked and killed in a break in, the danger is so urgent and pressing.
DragonFire
Member
Many states have laws that allow homeowners to shoot intruders in their homes regardless if the intruder is armed or not, or if they are an immediate threat, but that does not mean that the homeowner has an all encompassing right to kill them.
What I mean is that if you waking up to intruders in your home, you can most likely shoot them without checking for weapons or waiting for them to physicallty threaten or harm you (double check your state's laws), but once you shoot them and they fall, you can't just put another shot or two into them, "just to make sure". Your actions can turn a justifiable self-defense shooting into a murder.
Another thing to think about in the aftermath of a shooting in your home, besides the legal consequences. Think about what it might take to clean up after two people have been shot in your living room. Best case is a couple of pools of blood, worse case is a couple of pools of blood, plus lots of blood splatter, plus bits of body matter around. Also consider that many buglars are also drug addicts, and the potential for that blood to be aids infected makes things evern worse.
Getting robbed is a terrible situation and can cause all kinds of feelings in you. And while I can understand any feelings of wanted a bit of revenge, but no matter what you do there is no "win" scenario. First priority is to come out alive, second is to have a plan to achieve that (in case you fact the ntruders) most everything else is beyond your control, and pretty much nothing else you do will change any of it.
What I mean is that if you waking up to intruders in your home, you can most likely shoot them without checking for weapons or waiting for them to physicallty threaten or harm you (double check your state's laws), but once you shoot them and they fall, you can't just put another shot or two into them, "just to make sure". Your actions can turn a justifiable self-defense shooting into a murder.
Another thing to think about in the aftermath of a shooting in your home, besides the legal consequences. Think about what it might take to clean up after two people have been shot in your living room. Best case is a couple of pools of blood, worse case is a couple of pools of blood, plus lots of blood splatter, plus bits of body matter around. Also consider that many buglars are also drug addicts, and the potential for that blood to be aids infected makes things evern worse.
Getting robbed is a terrible situation and can cause all kinds of feelings in you. And while I can understand any feelings of wanted a bit of revenge, but no matter what you do there is no "win" scenario. First priority is to come out alive, second is to have a plan to achieve that (in case you fact the ntruders) most everything else is beyond your control, and pretty much nothing else you do will change any of it.
Ala Dan
Member in memoriam
Here in Alabama, we now have the "Castle Doctrine Act" in place. Same
thing that Florida started, if you feel someone is threatening you in your
home, car, or business; if you decide to blow them away, you will be
exempt from prosecution and civil suits.
thing that Florida started, if you feel someone is threatening you in your
home, car, or business; if you decide to blow them away, you will be
exempt from prosecution and civil suits.
BIGDADDYLONGSTROKE
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Washinton has a "no duty to retreat" law but that is not the same as what you have in Alabama.
Bubbles
Member
I asked my Sheriff (in Virginia) about this scenario once. His response: "If it's 2:00 a.m. and you've shot and killed someone who broke into your home, we're going to assume that he wasn't there to borrow a cup of sugar."
Seriously, the answer you're looking for depends on 1) your state laws, and 2) your local political climate.
Seriously, the answer you're looking for depends on 1) your state laws, and 2) your local political climate.
RNB65
Member
Depends on the laws on self defense in your state. As well as the attitude of your local DA. A liberal DA will often prosecute shootings that a conservative DA will write off as justifiable self defense.
In other words, you pull the trigger you take your chances.
In other words, you pull the trigger you take your chances.
Just_a_dude_with_a_gun
Member
Lots of variables in play. State and federal law are some of them.
State law, meaning, whatever the state has on the books as reasonable eans and situation for "defense", IE: Florida's castle doctrine, versus some blue state's "run away" requirement.
Federal law, meaning, make sure whatever piece you pull is legal in the first place!
Other variables are situational, and can get you in deep guano. Shooting him in the back, or shooting him on the sidewalk if he runs from your house, or
shooting if he's only carrying your TV will all make you suspect.
State law, meaning, whatever the state has on the books as reasonable eans and situation for "defense", IE: Florida's castle doctrine, versus some blue state's "run away" requirement.
Federal law, meaning, make sure whatever piece you pull is legal in the first place!
Other variables are situational, and can get you in deep guano. Shooting him in the back, or shooting him on the sidewalk if he runs from your house, or
shooting if he's only carrying your TV will all make you suspect.
tinygnat219
Member
Very Dangerous and Shortsighted
Sorry, I am not going to mince words here. Going into your home after it's been broken into, where you have firearms is stupid. You don't know how many people are in your house, you don't know if they are armed or not, you don't know if they have accessed your collection and found the ammunition or not. You don't know what you will be facing if you go in there, armed trying to clear the house. Also, shooting to kill home-based intruders while you are in the house is clearly different than entering your home and killing them. A smart DA, or Defense Attorney could say that you were looking for a fight and your actions were pre-meditated.
In short, call the cops and stress that you think these folks are armed, and that you think they are still in the building. This SHOULD get them to you in a hurry. Then, let the professionals clear the residence / building for you. Or, simply wait for them to come out, with arms full of loot, and then pounce on them.
If you have a wife and kid with you, send them to a neighbor's house to call the cops, or send them off in the car while you wait nearby for the cops to show up.
Sorry, I am not going to mince words here. Going into your home after it's been broken into, where you have firearms is stupid. You don't know how many people are in your house, you don't know if they are armed or not, you don't know if they have accessed your collection and found the ammunition or not. You don't know what you will be facing if you go in there, armed trying to clear the house. Also, shooting to kill home-based intruders while you are in the house is clearly different than entering your home and killing them. A smart DA, or Defense Attorney could say that you were looking for a fight and your actions were pre-meditated. In short, call the cops and stress that you think these folks are armed, and that you think they are still in the building. This SHOULD get them to you in a hurry. Then, let the professionals clear the residence / building for you. Or, simply wait for them to come out, with arms full of loot, and then pounce on them.
If you have a wife and kid with you, send them to a neighbor's house to call the cops, or send them off in the car while you wait nearby for the cops to show up.
The "Castle Doctrine" simply says that if a criminal breaks into your home you may presume he is there to do bodily harm and you may use any force against him.
It also removes the “duty to retreat” if you consider yourself to be threatened with grave bodily harm or death.
Furthermore, this law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack in their home.
You first have to determine if your state has a law that incorporates these principals in the state code. If it doesn't then you're going to have to check if case law supports these principals. If no law on the books then you'll probably see that the case law does not presume that someone in your house automatically represents a threat and that you have to demonstrate that they were.
What it doesn't do is allow you to shoot just anyone you find in your home. Shoot the burglar that breaks into your home in the middle of the night and the presumption is that it is a reasonable act of self defense. Shoot the burglar that breaks into your home in the middle of the night while they are trying to get out of the house and you probably loose the reasonable man position and face prosecution. Shoot the 16 year old daughter's boyfriend in the middle of the night after you've caught him in the bathroom with only his boxers on while he's trying to explain that "We weren't doing anything!" and you're probably going to be facing murder charges because a reasonable man wouldn't automatically assume he's a burglar or rapist.
It also removes the “duty to retreat” if you consider yourself to be threatened with grave bodily harm or death.
Furthermore, this law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack in their home.
You first have to determine if your state has a law that incorporates these principals in the state code. If it doesn't then you're going to have to check if case law supports these principals. If no law on the books then you'll probably see that the case law does not presume that someone in your house automatically represents a threat and that you have to demonstrate that they were.
What it doesn't do is allow you to shoot just anyone you find in your home. Shoot the burglar that breaks into your home in the middle of the night and the presumption is that it is a reasonable act of self defense. Shoot the burglar that breaks into your home in the middle of the night while they are trying to get out of the house and you probably loose the reasonable man position and face prosecution. Shoot the 16 year old daughter's boyfriend in the middle of the night after you've caught him in the bathroom with only his boxers on while he's trying to explain that "We weren't doing anything!" and you're probably going to be facing murder charges because a reasonable man wouldn't automatically assume he's a burglar or rapist.
Vic...your PO'ed, and you feel violated, I can understand, but let's not assume that you would come out on top if you where home, even if your armed. It's two against one, and they may have been armed too. Luckly they did not clean your house out, they were not able to complete what they started.
My take is just like other have said, I rather be judged by 12 then carried out by 6. If they are in the house and as long as they are facing you and not trying to get away(shooting someone in the back on purpose will definately put you in hot water), all bet are off, take the shot.
My take is just like other have said, I rather be judged by 12 then carried out by 6. If they are in the house and as long as they are facing you and not trying to get away(shooting someone in the back on purpose will definately put you in hot water), all bet are off, take the shot.
highlander 5
Member
sorry to hear that your home was burglarized. My advice would be arm yourself stay where you are and call 911. I am not a cop nor do I play one on TV but from what I know MOST B&E artists want to get in and out and try to avoid personel conflict also they aren't armed as this will tack on additional time should they be caught so shooting them in the den could gat a little dicey.I agree that some one in my home at 2 am is not out for coffee but what are the alternatives shoot them and possibly spend the rest of your life in jail OR let them go with their swag
file a report wih your insurance company and leave it at that
file a report wih your insurance company and leave it at that
Porky6331
Member
Oklahoma has the "Make My Day Law" for your home and even a "Stand Your Ground Law" if confronted while in public.
BIGDADDYLONGSTROKE
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Kentak
if your going to quote me quote everything I said not just what you want, so it makes it look like something else. Further more I hope we never read about you in the obits for not assessing the threat at all, or i guess you could always help them carry your stuff out, Im sure you wouldnt get in trouble for that at all.
if your going to quote me quote everything I said not just what you want, so it makes it look like something else. Further more I hope we never read about you in the obits for not assessing the threat at all, or i guess you could always help them carry your stuff out, Im sure you wouldnt get in trouble for that at all.
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