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When is it legal to shoot a person?

Discussion in 'Legal' started by blackops, Oct 9, 2009.

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  1. blackops

    blackops Member

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    Please educate me on the proper legalities of shooting a person. Recently I had my truck broken into when I was out of town deer hunting. If I catch them in my driveway breaking in my truck can I shoot them? If they are in my house can I shoot them? If they are on my property can I shoot them? My question remains, when is it legal to shoot a person on your property? If you find poachers on your property can you shoot them? :D
     
  2. BigMustard

    BigMustard Member

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    What state do you live in?
     
  3. LoneCoon

    LoneCoon Member

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    Depends on the state.

    Honestly, I'd be hard pressed to fire on anyone not in direct threat to me or my family. You'd likely be in serious trouble for shooting trespassers simply because they were on your property. Again, it mostly depends on state laws.
     
  4. Gryffydd

    Gryffydd Member

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    I'm always a bit concerned when I see a question regarding the ending of a human life end with this --> :D
     
  5. Quoheleth

    Quoheleth Member

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    This is not the short story, "The Most Dangerous Game." :uhoh:

    People are not game animals to "shoot." :confused:

    Q
     
  6. Cosmoline

    Cosmoline Member

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    It doesn't look like the OP is taking this seriously, but I'll assume he is. Look to your state code. The foundational rule is that you may use deadly force in self defense if you are facing IMMINENT and UNLAWFUL DEADLY FORCE. In short, only if your life or the life of another is in imminent danger from an unlawful source. EG someone is trying to shoot you, stab you or otherwise kill you unlawfully. Not merely THREATENING to do so. Nor may you use deadly force to exact revenge or deal out judgment.

    You don't get to shoot poachers or trespassers unless they are posing an imminent and unlawful deadly threat.
     
  7. BADUNAME37

    BADUNAME37 Member

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    Do you WANT to shoot them?
    I hope and pray that I never have to shoot anyone for any reason.
    If my life or the lives of those around me is in danger, then I might consider shooting. I didn't say that I would, I said I MIGHT CONSIDER IT.

    I would first try to make all other avenues work before even considering such a horrible thought. No smiley faces here.
     
  8. RobNDenver

    RobNDenver Member

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    I'll take the OP at face value . . . but the legalities are the bare minimum that must be considered before using deadly force.

    1. No,
    2. Maybe; depending on the laws of your state,
    3. No,
    4. No,
    5. When you can articulate a resonable fear that you or another will be killed, or suffer serious bodily injury (the legal definition) you may employ deadly physical force.


    For further information you may want to navigate to this site:
    http://en.wikipedia.org/wiki/Self-defense_(United_States)
     
  9. Cosmoline

    Cosmoline Member

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    Well that's not entirely accurate. If someone is stealing your car and shooting at you or pointing a firearm at you, by all means defend yourself. It's not about the car theft, it's about staying above ground.
     
  10. RobNDenver

    RobNDenver Member

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    Cosmo;

    Please see answer number 5, to the OP's question.
     
  11. DeepSouth

    DeepSouth Member

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  12. bdickens

    bdickens Member

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    To the OP: You seem a little too eager. As a matter of fact, you seem like you need counseling.
     
  13. mgkdrgn

    mgkdrgn Member

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    And we wonder why gun owners have a bad public image ... :banghead:

     
  14. oneounceload

    oneounceload member

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    and a screen name like "blackops"??.....Someone's been playing video games WAY too long
     
  15. mljdeckard

    mljdeckard Member

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    Just because you can legally get away with shooting someone doesn't mean it is ethically or morally correct.

    Most notably, Texas allows the use of deadly force to protect property under some very narrow circumstances. Most other states fall under one of these two definitions. You are allowed to use deadly force to prevent a violent felony, or to prevent serious bodily injury or death. You are allowed to use deadly force in defense of a third party. You have all the rights of the third party, and all of the liabilities of the third party.

    As far as shooting someone breaking into your car, no. BUT, if you confront someone breaking into your car, and they then THREATEN you with serious bodily injury or death, you would be justified in protecting yourself. HOWEVER, the DA will look at the totality of the circumstances and perhaps ask why you thought it was a good idea to confront the bad guy. Your life wasn't in danger until you PUT it in danger. You could have done something else, like, call the police. It makes it difficult to say, "I HAD NO CHOICE." You DID have a choice and you CHOSE to escalate the situation to something violent. Not looking good to the DA OR the jury.

    Your house is different in most states. In THIS state, if a person enters your home, either by violence or by stealth, with the intent to commit a felony, you can use deadly force. Under most circumstances the fact that they used violence or stealth is regarded as indicative of intent. This is under the long-held philosophy that a man's home is his castle, and may be defended as such. You have a higher level of latitude in your home. This is called the 'castle' doctrine.

    You shouldn't be looking for ways to get away with shooting someone. You should be looking for ways to make sure it isn't necessary in the first place.
     
  16. Schofield3

    Schofield3 Member

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    If you have to ask.......
    Then your life isn't in danger and there is no need for deadly force....
     
  17. Schofield3

    Schofield3 Member

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    The more I read the OP, this thread is oh so wrong on oh so many levels
     
  18. scottaschultz

    scottaschultz Member

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    Take a CCW class and learn the laws in YOUR jurisdiction.

    Scott
     
  19. BADUNAME37

    BADUNAME37 Member

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    I had some folks break into a vehicle of mine about 25 years ago. They literally ripped the radio and speakers out. I knew the "gang" that did it as they hung out a lot together near where I lived, and I happened to live within a mile of a small local high school at the time.

    Was I angry?
    You bet!
    I was upset to think that some slime mold would do something like this.
    Was I angry enough to kill?
    No. The thought had never crossed my mind.

    I agree with others that the OP may want to consider counseling, unless this was all a joke, but then this is not something to joke about.
     
  20. Art Eatman

    Art Eatman Administrator Staff Member

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    RobNDenver's response summed it up fairly well.

    The answer will vary from state to state, however. There is no one size fits all in this sort of situation.

    Generalizing, if there is no threat of death or serious bodily harm, don't shoot.

    Enough...
     
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