Close, but no cigar. The defender must show some evidence that he believed the entry to be forcible. And the "without permission" claim had better not be rebutted.
We at ST&T have long believed that it is not whether one
may shoot that counts, but whether one
must shoot. For anyone who may try to choose the beat of a different dummer, the answer is "shooting someone will change one's life forever".
Oh gosh! I think most of our members can address that one. Let's step out of our Castle domain and onto the sidewalk, and take it from the top.The civilian defender may not be the aggressor, or provocateur. There is no such rule in battle.
- The civilian defender may not initate the encounter, or provoke it. That is not true in battle.
- The civilian defender (and the sworn officer on duty) may only use force to defend against an attack that is occurring or is about to occur. That is not true in battle.
- The civilian defender (and the sworn officer on duty) may only use as much force as is reasonably necessary to prevent harm to himself or third parties. That is not true in battle.
- The civilian defender must only employ force proportional to that presented by the threat. That is not true in battle.