The Armed Citizen

[MuleRyder]

I like reading the accounts of firearms used for SD in my NRA mag. In reading some of these stories, however, I wonder what was the aftermath for the shooters. Some of the accounts seem borderline as to being legally justified. One instance in the current issue is of an elderly woman who bought a .38 for safety after her husband died. At 4am she awoke to someone trying to get in a door, when he tried prying a window she opened up on him. He was still outside the home and no weapon was indicated in the account. It doesn't say whether she would be charged, or if the would be intruder was killed. Was this a good shoot?

 

[Owen Sparks]

I bought a stack of really old American Rifleman magazines from the late 1960's and early 1970' at an antique store for a dollar each. What was surprizing was that The 'Armed Citizen' article had a number of cases where people used firearms to defend and protect their property. Now days that will get you sent to prison.

 

[Strykervet]

Yeah, I wonder too. I joined NRA and I like having a lobby for firearms since our government works that way now, but they are very politically motivated and no different than any other agenda supported organization. If there is a downside to any of this, you won't be reading it in an NRA publication.

 

[NOLAEMT]

It depends where you live, in many states if someone is trying to gain access by force to a dweling that is occipied the homeowner is seen as justified in using deadly force to prevent that.

A couple years ago in New Orleans, when I still lived there, a store owner was working after hours in his shop, when a couple criminals tried to break in. He shot and killed one of them through the front door, and it was ruled as justified by the DA.
(It also turned out the kid was 14 years old if I believe, probably pretty hard for the store owner, I'm sure)

 

[M2 Carbine]

One instance in the current issue is of an elderly woman who bought a .38 for safety after her husband died. At 4am she awoke to someone trying to get in a door, when he tried prying a window she opened up on him. He was still outside the home and no weapon was indicated in the account. It doesn't say whether she would be charged, or if the would be intruder was killed. Was this a good shoot?

In most all states, no question about it that would be a good shoot. In many states shooting them through the door is perfectly legal.
In Texas and probably other states, using deadly force to protect or recover property is legal.

A person must throughly know the state's deadly force laws where they live.

 

[JustinJ]

In Texas and probably other states, using deadly force to protect or recover property is legal.

Deadly force can be used to prevent someone from making off with your property at night if no other means to stop them is availabe but i'm pretty sure our state is the only one with such a provision. I posted a story about a guy in the houston area that fired on a truck at night as it sped away with his stolen roofing shingles. He hit and injured the driver and was not charged. The thief was.

 

[mbt2001]

They all seemed to be using .38's in the last magazine I got... Kind of interesting.

 

[alsaqr]

i'm familiar with one shooting that was spotighted in Armed Citizen. When we lived in Lawton, our city council lady owned a liquor store. One evening as she was locking the door a would be robber attacked her. The lady put a .25 slug between the guys eyes. The Lawton PD essentially declared it a bad case of suicide. The Comanche county prosecutor commended the lady and gave a pass.

 

[rEVOLVEr VII]

Here in KY you would be charged with manslaughter if you did as that lady did. Whether he was trying to break in or not, he AT THAT MOMENT wouldn't be posing a serious threat..I know, I know, it's crazy to let a guy get in your home before you can put him down but that's how it is here. But I consider it a good shoot nevertheless.

 

[Shadow 7D]

DEPENDS entirely on the state
BUT he is committing a felony
he is breaking INTO a occupied residence
and in many jurisdictions that's a good shoot

Hell there is a number of places (WV is one I believe)
where you can shoot the person while breaking and entering, but once they are inside, you have to retreat and prove the usual life, limb, eyesite etc.
cali, she'd get a pass, at least in northern california

 

[Buckyt]

I was told one time that if "I feared for my life" It would be a good shot in Ga. They did say if I shot the varmit outside to pull him into the house.

 

[coolluke01]

The local police chief told me that even their "Iron Range" CSI could see that someone drug the BG into the house. Don't do it!

In MN we can shoot when someone is in our home to stop the commission of a felony. That would include stealing of a TV. if the value was high enough to make it a felony. I will say that taking someones life it not worth saving my TV. I'd like to see them try and get it off the wall! lol

 

[Fred Fuller]

They did say if I shot the varmit outside to pull him into the house.

That gets repeated from time to time. Sounds like a shortcut to a felony rap to me...

 

[Psa1m144]

They all seemed to be using .38's in the last magazine I got...

I noticed that too

 

[Mike J]

In Georgia this would be a good shoot.