Why should petty thieves be able to walk away? Whats the difference between a petty thief and a gang-banger lookin to get +5 rep within his gang? Hard to say when your face to face with one of them inside your house, you dont know if hes got a gun tucked in his pants or not, or how fast he can draw it.
Think Castle Doctrine Gives You Legal Right to Shoot....Think Again
- Thread starter Jeff White
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Why should petty thieves be able to walk away? Whats the difference between a petty thief and a gang-banger lookin to get +5 rep within his gang? Hard to say when your face to face with one of them inside your house, you dont know if hes got a gun tucked in his pants or not, or how fast he can draw it.
If petty criminals are not faced with the risk of death or injury, what else can you do? Most any weapon is considered deadly force. Most people out there are not going to be capable of hand to hand combat should the "petty criminals" decide to escalate their efforts.
How many "petty" criminals out there only commit petty crimes and never anything else?
How many "petty" criminals out there only commit petty crimes and never anything else?
usmarine0352_2005
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More then just "may". It does. Some states are more restrictive then others.
... are you joking?
Seeing someone in the commission of a misdemeanor, you aren't supposed to use a weapon to attack him, you are supposed to call the cops. You could perform a citizens arrest, but how effective that is depends on the target and you and the laws. You aren't allowed to shoot someone for resisting arrest, just like cops aren't allowed to (in general).
If they escalate the danger you face, and the right legal conditions are met, sure go ahead and shoot the bugger.
Just remember, you don't have the immunities that police have in performing their job. Unless serious damage/danger is imminent or is occurring to you, your family or friends, understand what you are getting into.
BigBadJohn
Member
I can't believe we need a law to tell us it's OK to shoot/stop someone that BREAKS into YOUR house, never mind the laws like here in NJ where you have to retreat first.
So basically the goblins have nothing to fear and can loot all your hard earned property while you hide in the bathroom as long as they get away before the cops to arrive. Doesn't anyone else see something wrong with this. The fact that someone breaks into your house should be reason enough,they have no right to be there.
So basically the goblins have nothing to fear and can loot all your hard earned property while you hide in the bathroom as long as they get away before the cops to arrive. Doesn't anyone else see something wrong with this. The fact that someone breaks into your house should be reason enough,they have no right to be there.
Elza
Member
Woman in New Hampshire
If this is the case I’m thinking of it happened around 1975. We were living in New Hampshire and it was all over the news at the time. The woman was in the house with her boyfriend. They got into an argument. He grabs a knife and chases her around the house carving her up in the process. They end up in the basement where she grabs a .22 rifle and kills the guy. Since there was an outside door through which she could have escaped she was convicted. Same case?
If this is the case I’m thinking of it happened around 1975. We were living in New Hampshire and it was all over the news at the time. The woman was in the house with her boyfriend. They got into an argument. He grabs a knife and chases her around the house carving her up in the process. They end up in the basement where she grabs a .22 rifle and kills the guy. Since there was an outside door through which she could have escaped she was convicted. Same case?
alsaqr
Member
"Even pulling a gun on a intruder to detain them until the police arrive is considered illegal use of force under Massachusetts statures."
Why am I not surprised?
Why am I not surprised?
WeedWhacker
Member
The deadly weapon, a firearm for example, is to protect your life and limbs when you confront someone in the act of committing a felony, such as when Mr. Horn confronted the two burglars at the edge of his own property.
If someone's not bright enough to freeze when someone with a big gun tells them to, especially when the not-so-bright someone is or just finished committing a felony, well, them's the breaks. In this case, I feel sorry for all the crap Mr. Horn has had to deal with simply because he felt the need to confront evil, and the evil was too stupid to obey a man with a shotgun.
If someone's not bright enough to freeze when someone with a big gun tells them to, especially when the not-so-bright someone is or just finished committing a felony, well, them's the breaks. In this case, I feel sorry for all the crap Mr. Horn has had to deal with simply because he felt the need to confront evil, and the evil was too stupid to obey a man with a shotgun.
wolfman01
Member
The updated law also expanded the legislation to include your vehicle and place of employment.
TEDDY
Member
?????????
ALSAGA:where did you get that about Mass??lived there all my life(76yrs).
the woman in Mass retreated to cellar and 20 ga shot gun.The judge actually
found her guilty because she should have left and got help.I dont remember any thing about a knife but that he had beat her many times.the judge paroled her to her children as "he deserved it".
at no time was there a law to retreat.only the case facts.
I lived about 20miles away and was very interested in the case at the time.
Gov King was Gov at the time and very pro gun.the bill was the King bill.which codafide the no retreat rule.----
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ALSAGA:where did you get that about Mass??lived there all my life(76yrs).
the woman in Mass retreated to cellar and 20 ga shot gun.The judge actually
found her guilty because she should have left and got help.I dont remember any thing about a knife but that he had beat her many times.the judge paroled her to her children as "he deserved it".
at no time was there a law to retreat.only the case facts.
I lived about 20miles away and was very interested in the case at the time.
Gov King was Gov at the time and very pro gun.the bill was the King bill.which codafide the no retreat rule.----
----------Wes Janson
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It should be pointed out that in the Horn case he shot at least one of the two men in the back, while they were running from him. And that neither of the two were armed.
I don't see anything wrong with that summary.
I don't see anything wrong with that summary.
alsaqr
Member
OK has had a so-called Castle Doctrine law for about 20 years.
I can find no case in the past 20 years where any OK citizen was prosecuted for a righteous shooting under this law. BTW: Unlike most other states: In OK the prosecutor is not required to take the case to a grand jury. The Comanche county prosecutor recently declined to take two shooting cases, one fatal, to a grand jury.
This case is typical:
http://www.miaminewsrecord.com/articles/2007/11/02/news/news1.txt
"Jack Doughty, 62, stood accused of shooting David Gudde in the early morning hours of July 1.
According to police reports, Doughty operated a fireworks stand out of his Delaware County home in June and early July. Doughty told authorities that he was awakened around 4 a.m. on July 1, by what he believed to be intruders.
Gudde and 18-year-old Lance Stick were reportedly in Doughty's home and were opening an inside door when Doughty fired a shot in the direction of the door with a .22 caliber rifle.
Doughty told investigators that he chased the intruders as they ran outside, firing two more shots to “alert neighbors”.
When authorities arrived at the scene, they found Gudde lying on the ground outside Doughty's home.
An Oklahoma law passed in 1988, protects residents from being prosecuted for using deadly force against suspected threats to themselves in their homes and on their properties.
After investigating the incident, Wyant said he will not file charges against Doughty because is actions were in accordance to the “Make My Day” law.
“With the number of residential burglaries, I am really surprised more people don't get shot for breaking into people's houses with this law on the book,” Wyant said. “I hope people realize the risk they put themselves into when they unlawfully enter someone's house.”"
I can find no case in the past 20 years where any OK citizen was prosecuted for a righteous shooting under this law. BTW: Unlike most other states: In OK the prosecutor is not required to take the case to a grand jury. The Comanche county prosecutor recently declined to take two shooting cases, one fatal, to a grand jury.
This case is typical:
http://www.miaminewsrecord.com/articles/2007/11/02/news/news1.txt
"Jack Doughty, 62, stood accused of shooting David Gudde in the early morning hours of July 1.
According to police reports, Doughty operated a fireworks stand out of his Delaware County home in June and early July. Doughty told authorities that he was awakened around 4 a.m. on July 1, by what he believed to be intruders.
Gudde and 18-year-old Lance Stick were reportedly in Doughty's home and were opening an inside door when Doughty fired a shot in the direction of the door with a .22 caliber rifle.
Doughty told investigators that he chased the intruders as they ran outside, firing two more shots to “alert neighbors”.
When authorities arrived at the scene, they found Gudde lying on the ground outside Doughty's home.
An Oklahoma law passed in 1988, protects residents from being prosecuted for using deadly force against suspected threats to themselves in their homes and on their properties.
After investigating the incident, Wyant said he will not file charges against Doughty because is actions were in accordance to the “Make My Day” law.
“With the number of residential burglaries, I am really surprised more people don't get shot for breaking into people's houses with this law on the book,” Wyant said. “I hope people realize the risk they put themselves into when they unlawfully enter someone's house.”"
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