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Would you shoot a fleeing intruder in the back?

Discussion in 'Legal' started by Bear2000, Jan 11, 2009.

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Would you shoot a fleeing intruder in the back if on your property?

  1. No.

    290 vote(s)
    68.2%
  2. Yes, it's my property, I have the right.

    21 vote(s)
    4.9%
  3. Yes, but only if he/she refused to stop.

    10 vote(s)
    2.4%
  4. Yes, if they were armed.

    72 vote(s)
    16.9%
  5. Yes, but only if he/she was fleeing with my stolen property.

    32 vote(s)
    7.5%
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  1. Bear2000

    Bear2000 Member

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    Just curious - do you think that a home or business owner is justified in shooting any intruder for any reason so long as they are in their home or on their property?
     
  2. calaverasslim

    calaverasslim Member

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    As far as I know, that is one of the quickest ways to X the law. The Castle Doctrine states fear of life or to protect ones property. A fleeing criminal is just that, leaving, and you have no justification to shoot.
     
  3. KC0QGL

    KC0QGL Member

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    That is BIG gray area.

    As long as they shot first or at least aimed the gun at me.
     
  4. Nautilus

    Nautilus Member

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    Inside my house... Yes. If your in my house, your dead. I'll deal with the law later. If he's in my garage, or on my lawn/property... No.

    The way I see it, he could be retreating for cover, I don't know if he's armed or what his intentions are but I do know that if he's in my house... I'm shooting.

    If he's in my garage or on my property and running away from me I wouldn't shoot.

    I'm a business owner and have caught people trying to steal from my shop. I would only shoot if I really had a fear for my life. I don't take my place of business as personal as my house.
     
  5. moooose102

    moooose102 Member

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    no way. the key word here is FLEEING! talk about a good way to go to jail!
     
  6. Lone_Gunman

    Lone_Gunman Member

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    I voted no but I think you could defend shooting him in the back if he was still in your house at the time. If an armed intruder is in your house, and he starts running, you don't really know if he is running away, or running to take cover, or find a better position, or running up the stairs to where your kids are to take a hostage. If he is in the house, I would be in fear of my life, even if he started running.
     
  7. Deanimator

    Deanimator Member

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    There's only one (non-fatal) way out of my apartment. If you're armed and running in any OTHER direction, you're going to stop a bullet. Even then, I don't know for sure that you're not running for cover, which is right next to the door. I'm not letting you get between me and my only way out. If shooting you in the head with my Model 29 is the most efficacious way of preventing that, then, as the youngsters say, "I'm down with that". You weren't invited in the first place.

    An armed man, in my home, blocking my only way out... that's the very definition of "reasonable fear of life and limb".
     
  8. DRYHUMOR

    DRYHUMOR Member

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    There are different flavors of Grand Juries across the country, some would indict, some wouldn't. Prob best not to shoot someone in the back, or even try to wing em (lawsuit). Shooting into the ground may be effective in getting them to stop though.
     
  9. mgkdrgn

    mgkdrgn Member

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    Depends on your "Castle Doctrine". The one here in SC (and in several other enlightened states), state that the fact an intruder forcibly entered your home while you were there is sufficient cause to be in fear of your life or grievous bodily harm. No other justification is needed to use deadly force to repel said intruder. It makes no mention of which way they need to be facing when you repel them.

    Also, in most states (including SC) you may NOT use deadly force to protect property.
     
  10. mgkdrgn

    mgkdrgn Member

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    One mans "fleeing" is another mans "maneuvering for position".
     
  11. gotime242

    gotime242 Member

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    I voted no.

    BUT! What if he had first opened fire and you are returning fire. Maybe hes just running for cover?

    What if he shot a family member and is running at the sight of your gun? Maybe you could shoot and argue that he might come back...
     
  12. Double Naught Spy

    Double Naught Spy Sus Venator

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    It happens.
     
  13. Cannonball888

    Cannonball888 Member

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    Only if they are still shooting the gun at me from behind their head or under their armpit while fleeing. At least that's my story.
     
  14. greenr18

    greenr18 member

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    I'm pretty sure the legal system would frown upon shooting a fleeing intruder in the back
     
  15. Kleanbore

    Kleanbore Moderator

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    According to the U. S. Supreme Court, it is permissible to use deadly force to stop a fleeing person only under several conditions, all in place at one time . One of them is that you must have to do so to protect yourself. Do not read into that that you may use deadly force to prevent what he might be trying to do or might do after escaping.

    Do not read your castle doctrine law and assume that, according to your lay interpretation of that law, taken out of the context of other laws, legal precedent, and the Constitution, you are permitted to do do anything along such lines. Consult an attorney with knowledge of self defense cases in your jurisdiction.
     
  16. Kleanbore

    Kleanbore Moderator

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    You've got it backwards. The law [enforcement apparatus] will deal with you later. Your fate will be out of your hands if you are arrested.
     
  17. Glockman17366

    Glockman17366 Member

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    In Pennsylvania, shooting an intruder as he was fleeing would get you arrested.
     
  18. Prepster

    Prepster Member

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    Regardless of the law, shooting a man in the back puts you on the same level as the scum who broke into your house or place of business. If the guy is fleeing, he's not a threat anymore. My home defense plan is to stop the threat; which doesn't always involve killing.
     
  19. Shooter88

    Shooter88 Member

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    I wouldn't do it because the law requires otherwise, but I do believe that bit of the law should be overruled. You have no way of knowing a fleeing intruder isn't going to turn and shoot back, or shoot backwards over his shoulder; and besides all that, I can't support any situation where a law-abiding citizen can be prosecuted for hurting or killing a violent offender. I believe that the state of mind required to prey on innocents makes violent criminals deserving of any harm that comes to them in the act of committing a crime.
     
  20. Guns and more

    Guns and more member

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    No, for my own protection from the DA.
     
  21. bumm

    bumm Member

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    Very unlikely I'd shoot a fleeing intruder. However, it would also depend on whether I figured my family was in serious danger of a return visit. Is he just a thief, or is he intent on harming a member of my family?
    Marty
     
  22. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Normally the US Supreme Court does not hear murder cases based on state law.

    What exactly are you referring to here?

    What may be legal in Texas may get you sent to prison in Illinois.
     
  23. Bubba613

    Bubba613 member

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    Fleeing with his back to you makes it hard to say you were in fear of your life. Castle Doctrine only gives you the presumption. But a prosecutor can strip that away.
    If I thought I could get away with it I would. But since I think it's pretty certain I wouldn't get away with it I won't.
     
  24. 1911shooter

    1911shooter Member

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    No. Like it was stated before shooting a FLEEING person is a sure way to get yourself a date with the D.A. here in Pennsylvania. and a pretty good chance youll get a new adress as well. usually state or federal po box.
     
  25. Captain Bligh

    Captain Bligh Member

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    My reason for carrying is to protect my life and those of my loved ones. Period. If an intruder is fleeing, my purpose has been accomplished. In fact if I encountered an entruder in my home and the situation allowed, I'd give him a chance to leave the same way he came in, rather than starting to shoot.

    I'd add that I am not a duputized or part of a sherriff's posse. Just because I have a permit, don't expect me to come to YOUR rescue if you aren't part of my family or a guest in my home. If you can't rely upon an LEO to arrive in time to save your bacon, better have your own permit. I am not running for Caped Crusader, Superhero, or Mall Ninja. I merely want to survive.
     
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