What happens if you shoot a burglar?

[Let Us Reason]

Hi,

I am a recent gun owner. I just purchased a 4" Ruger revolver, and will mainly be using it for shooting at the range and home protection.

I hope I never actually have to use the gun on anyone in a home protection situation. But I would like to know just what are the legal ramifications if someone breaks into my house, and I end up shooting and killing the person? What's the likelihood of a person ending up on the wrong side of the law for protecting his home?

Thanks for any input.

 

[Uenoparker]

Have you checked on Florida's "Castle Doctrine" law(s)?

In some states, so-called "Castle Doctrine" laws have been enacted that provide a presumption of justification when a resident of a dwelling uses a firearm to defend against a person who enters illegally and who the resident believes may commit another crime or cause harm to any resident of the dwelling; these laws often provide a defense against civil lawsuits as well as criminal lawsuits.

I can't provide any legal advice, but suggest that you investigate your local laws. You might also want to check www.nra-ila.org or handgunlaw.us.

 

[Professor K]

You dig a hole in the ground and put him there, no one will remember him.

Florida has castle doctrine, which means you'll usually be in the right according to the law. Other states, you're not so lucky, but yeah.

Florida is pretty cool for firearm ownership, like I was so surprised by the state "shooting range 1 mile ahead" signs, and the diversity of the people shooting at the range I went to.

Also, Florida was the first place I shot a gun (S&W M10, .38spl, and then a few days later a Ruger Mk. 1 .22 pistol.)

 

[macmuffy]

If you shoot a burglar?

If your aim is good, he bleeds .

 

[Ragnar Danneskjold]

Also if you shoot a burglar, you probably save some future theft/rape/murder victims as well.

 

[The-Fly]

+1 on the above posters. It would be a good idea for you to study your state's deadly force laws, take a pistol class, and then get your ccw.

 

[Biker]

What Happens?

.

 

[jeepmor]

Once the threat stops, the shooting stops. No knocking him down, watching him bleed, then finishing him off with a final round to the melon. This has turned the tables on more than one person who rightfully defended their "castle."

My thoughts on this subject matter are simply that the firearm only comes into play when I truly see no other options and my life is in jeopardy. If a thief is in my house and steals something, I have insurance. I won't like it, but I don't have anything in my house besides my wife, myself and my dogs that is not replaceable by virtue of my insurance policy. Insurance won't buy me a new wife, although, somedays...I digress. Only if it's a matter of life and limb, otherwise, no bullet holes.

Now, if I get the drop on some methie or burglar in process of helping himself to my stereo, I will use my firearm to convince him to stay put and call the police. But I won't be shooting him to make him stay. If he drops my precious "whatever" that can be replaced and flees, I have to let him flee. Bullet holes in the back make a tough "I thought my life was in jeopardy" argument unless he's turning and grabbing my kitchen knives or reaching for the fire poker type of thing.

Shoot to stop the threat, legally, nothing more is allowed. And anything beyond that is hot legal water. Review the laws for your state and hope like the rest of us that this is only a mental exercise in preparedness, nothing more.

 

[STAGE 2]

You do a little dance, and then carve a little notch in your wood grips.

After that, call your lawyer.

 

[Zedicus]

In Idaho (Castle Doctrine)

Deceased Crook goes to the Morgue, You go back to your every day life.

Allways good to call a Lawyer though "Just in Case". (Same reason we have more than 1 Bullet on hand)

 

[BullfrogKen]

Let Us Reason said: But I would like to know just what are the legal ramifications if someone breaks into my house, and I end up shooting and killing the person?

What does it matter what will happen to you in the legal battle? Would that fear drive you to let an evil man do bad things to you and your family?

If conditions exist that compel you to defend your life, or your family's, with force, it'll be pretty clear to those investigating. But let your counsel speak for you. If it wasn't necessary, it'll probably come out, and you'll have to deal with that.

If you aren't sure how to decide between the two, I suggest you take some training to find out how to make that decision.


But, in the end, what does it really matter? If you are so apprehensive over what is often called the second fight that the repercussions will affect your decision in any way, then you might want to reconsider having the gun for that purpose at all.

 

[g5reality]

Once the threat stops, the shooting stops.

Correct thinking. Many who think they have the "right or obligation" to kill end up in trouble, costing themselves $10's of thousands of dollars in legal fees both in criminal & civil court.

You have it right jeepmor;

My thoughts on this subject matter are simply that the firearm only comes into play when I truly see no other options and my life is in jeopardy...Shoot to stop the threat, legally, nothing more is allowed. And anything beyond that is hot legal water. Review the laws for your state and hope like the rest of us that this is only a mental exercise in preparedness, nothing more.

 

[Headless]

Just don't shoot them in the back while they are running out your front door with your T.V.. And yell, 'PUT DOWN THE F*****NG GUN' and 'GET OUT OF MY HOUSE' and 'STOP STOP STOP' over and over while recording it (calling 911 is good) while you're shooting.

 

[Patriot-Brewer]

Hopefully, a couple .45 caliber holes appear on his front side.

 

[03Shadowbob]

you got to plan on getting new carpet, but first you should shoot and don't stop shooting until you stop the threat. Then, if you haven't already called 911, call police AFTER you have secured your family members and got them out of harm's way. You never know if he has a partner somewhere else in the house. The perp's physical well-being should be near the bottom of the list.
This was discussed here recently and you might want to use the search button.
Also review the FL statutes and/or take a gun course. You'll learn that many anti's feel that Florida is like the new wild west with all of our gun laws.

 

[Baba Louie]

Shootin's over. BG has either left or is full of holes and leaking, but is no threat (and you're sure of this). Maybe you have been wounded also; if so patch things up quick. Phone call time. Police. Lawyer. Now things get all legalese.

Even with castle doctrine laws passed, always remember that in this country, anyone can sue anyone over anything if they can talk a lawyer and a judge or two into accepting the case. Wrongful death, malicious intent, civil rights, carefully crafted weasel words sliding around legislative intent or wording, etc... where there's a will (and an attorney willing) there's a way. They may not win the case, it might not even make it to court, but someone's gotta pay your attorney... right?

So, get your training, talk to your attorney or get one, do some statute research, then don't sweat it. Just protect your family from ALL outside evils.

That's all you can do. Oh yeah, IANAL but my BIL is. He's told me, "If you've got deep enough pockets, someone is always willing to try and pick up some loose change."

 

[Axman]

Here's what the Arizona Revised Statue says,

A.R.S. 13-407. Justification; use of physical force in defense of premises

A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.

C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

for reference...

A.R.S. 13-404. Justification; self-defense

A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.

B. The threat or use of physical force against another is not justified:

1. In response to verbal provocation alone; or

2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or

3. If the person provoked the other's use or attempted use of unlawful physical force, unless:

(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

(b) The other nevertheless continues or attempts to use unlawful physical force against the person.

A.R.S. 13-405. Justification; use of deadly physical force

A person is justified in threatening or using deadly physical force against another:

1. If such person would be justified in threatening or using physical force against the other under section 13-404, and

2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

...and...

A.R.S. 13-406. Justification; defense of a third person

A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if:

1. Under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect; and

2. A reasonable person would believe that such person's intervention is immediately necessary to protect the third person.

 

[Mk VII]

You should consult an attorney who is well-informed about this aspect of state law. The internet is not the place to find reliable legal advice.

 

[BigSoundRacing]

In CA - You need a second gun

Something along the lines of equal force....

Hope it never happens....

 

[scurtis_34471]

Even with castle doctrine laws passed, always remember that in this country, anyone can sue anyone over anything if they can talk a lawyer and a judge or two into accepting the case.

Not in Florida. If the shooting is found to be justified, the shooter is shielded from law suits. Between the Castle Doctrine and the Stand Your Ground Act, Florida law is firmly on the side of the intended victim.

 

[Jeff White]

It's not that simple

Not in Florida. If the shooting is found to be justified, the shooter is shielded from law suits. Between the Castle Doctrine and the Stand Your Ground Act, Florida law is firmly on the side of the intended victim.

The gun industry is immune from lawsuits by federal law, but a judge ruled that Bloomberg's suit against the manufcturers could continue inspite of the law.

All these laws do is give you a legal reason to ask for them to be dismissed. If the judge decides that the case should go forward, it will.

Jeff

 

[scout26]

Step 1. Shoot bad guy until threat is ended.
Step 2. Call Police (If you haven't already.)
Step 3. Call your Lawyer.
Step 4. Only say the following to the police (or anyone else for that matter), until you can speak with your Attorney: "I was in fear of my life, but I want to talk to my attorney before I give you a statement."
Step 5. ****.
Step 6. Do what Attorney says for you to do.

 

[never_retreat]

Bury the corpse on your favorite anti's lawn.
Call police and say you herd shots fired over there.----->

 

[Dan from MI]

1. Stop the threat.
2. When the threat is stopped, do not attack further.
3. Call the police
4. Call your attorney. Even being 100% in the right, prosecutors, police are human. There are also civil tort factors to consider as well.
5. Mention to the police that you were afraid of your life, and mention that you would like to talk to your attorney before making a statement.
6. Listen to your attorney's advice.