Defending your own home.

[invidia]

i saw this on the news last week and was curious about it. A Texan homeowner shot and kill an invading intruder. He wasn't charged with anything. Later in the report, there was a brief interview of a Texas police officer stating that in the state of Texas, a home owner has the right to defend their home.

I'm pretty sure you'll get charged with manslaughter in some states. But I'm curious what other states besides Texas will you have the ability to defend your home like that and not get charged with anything?

 

[KLin]

Originally posted by: invidia
i saw this on the news last week and was curious about it. A Texan homeowner shot and kill an invading intruder. He wasn't charged with anything. Later in the report, there was a brief interview of a Texas police officer stating that in the state of Texas, a home owner has the right to defend their home.

I'm pretty sure you'll get charged with manslaughter in some states. But I'm curious what other states besides Texas will you have the ability to defend your home like that and not get charged with anything?

I don't think there's a state that will bring charges against a homeowner who shoots and kills an intruder inside their home.

EDIT: Depending on the situation of course.

How to react after shooting an intruder...

Good info :thumbsup:

 

[FoBoT]

it varies widely and local prosecutors might have some leeway

http://en.wikipedia.org/wiki/Make_My_Day_State

A "Make my day state" refers to those states in the United States that allow the lawful occupier of a premises to use violent or deadly force against an intruder, no questions asked.

Iowa, Nevada, New Jersey and Colorado

 

[invidia]

Took me a while to find the right key words to google for the right info. And I came across this: http://en.wikipedia.org/wiki/S..._law#Stand-your-ground

Many supporters of the legislation, including the National Rifle Association, have dubbed the Florida statute a "Stand Your Ground" law, since it allows people to 'stand their ground' in defense of themselves and their property when attacked without fear of prosecution or civil lawsuits.

Oh yeah, Florida :thumbsup::thumbsup:

 

[irishScott]

If someone breaks into my house, I don't care what state I'm in. He/she/it is going to be in great pain at best and dead at worst. If anyone wants to sue me for that, well... self defense is lawful everywhere. Especially if your family and neighbors witness something. Since justice and law coincide in such a scenario, I should have no problem.

 

[Tiamat]

Originally posted by: KLin

Originally posted by: invidia
i saw this on the news last week and was curious about it. A Texan homeowner shot and kill an invading intruder. He wasn't charged with anything. Later in the report, there was a brief interview of a Texas police officer stating that in the state of Texas, a home owner has the right to defend their home.

I'm pretty sure you'll get charged with manslaughter in some states. But I'm curious what other states besides Texas will you have the ability to defend your home like that and not get charged with anything?

I don't think there's a state that will bring charges against a homeowner who shoots and kills an intruder inside their home.

EDIT: Depending on the situation of course.

How to react after shooting an intruder...

Good info :thumbsup:

"5. Grab your attacker by the hair/head with your attacking hand, and bring your defending foot up so that you can bring down the attacker's face and smash it on your bent knee. If this follows successfully then it will shock him or her enough to give you time to run away."

"Tips: Use any items you have on you as a weapon. Smacking your attacker with your purse or gouging their eyes with your keys may provide the few seconds of distraction you need to make moves that will really hurt them."
:laugh:

 

[everman]

Generally this is how most states work I think, however you may face penalties if the use of deadly force was totally unreasonable.

 

[LuckyTaxi]

i think when your family is in danger, the last thing you are going to worry about is being sued for.

 

[JulesMaximus]

I love how people have no qualms about killing someone who may not even be armed for trying to steal something from them. Wow, I'd be proud to live in that state and have neighbors like that.

 

[MiniDoom]

.

 

[waggy]

Originally posted by: JulesMaximus
I love how people have no qualms about killing someone who may not even be armed for trying to steal something from them. Wow, I'd be proud to live in that state and have neighbors like that.

I don't have any qualms about killing someone that comes into my locked house without my permission. I have no clue what they are planning and am willing to take NO chances.

Also i have worked a lifetime to recieve the nice stuff i have. i am not going to just let it go without a fight.

and yes i am proud to live in a state/country where i can defend my home without fear of being punished.

 

[SarcasticDwarf]

Originally posted by: everman
Generally this is how most states work I think, however you may face penalties if the use of deadly force was totally unreasonable.

I think that is an oversimplification. IIRC, most states say that if you have the ability to retreat you are required to do so.

 

[Brainonska511]

That's similar to an incident that happened on Long Island recently. A man was convicted of murder when he approached a gathering of hs kids at his house (in the driveway) that were there to harass and threaten further harm on his son. One of the teens supposedly grabbed for the gun and was shot in the face.

http://www.newsday.com/news/lo...ny_home_rail_headlines

 

[irishScott]

Originally posted by: JulesMaximus
I love how people have no qualms about killing someone who may not even be armed for trying to steal something from them. Wow, I'd be proud to live in that state and have neighbors like that.

No qualms? I don't think any sane person could kill another person and feel good about it. Even if it was fully justified.

Point is: Anyone willing to break into another person's house is probably desperate and malicious enough to kill if pressed. Thus they are a threat. I will do whatever is necessary to disable the threat. If I can get said person at gunpoint, I would, but unfortunately that's the Hollywood scenario.

In my case, the stairways in my house are enclosed on all sides. And they creak. In short: I'd be fully exposed, blind, and easily detectable. I don't know what I'm going to see when I come around the corner. If I see anything threatening, said thing is going down.

 

[judasmachine]

Florida's laws are kind of scary...

 

[antyler]

I heard of a man in Texas i believe it was, shooting some people that were robbing his neighbors house. He killed one or two of them I believe, and some radio hosts out here in Cali were asking callers what they though of the situation. I would say that law or no law, he would be more likely to get off in Texas than in California.

 

[JulesMaximus]

Originally posted by: waggy

Originally posted by: JulesMaximus
I love how people have no qualms about killing someone who may not even be armed for trying to steal something from them. Wow, I'd be proud to live in that state and have neighbors like that.

I don't have any qualms about killing someone that comes into my locked house without my permission. I have no clue what they are planning and am willing to take NO chances.

Also i have worked a lifetime to recieve the nice stuff i have. i am not going to just let it go without a fight.

and yes i am proud to live in a state/country where i can defend my home without fear of being punished.

I'm not willing to take chances either. Which is why I wouldn't come out guns a blazin'. No, I'd gather my wife and son and call the cops. If I had to defend myself I would though.

 

[PrinceofWands]

You can research 'Stand your ground', 'duty to retreat', 'castle doctrine' to get a good primer. If current trends continue we should very soon reach 100% abolishment of 'duty to retreat'...to say nothing of concealed carry right increases. Things are getting better...slowly but surely.

 

[Jumpem]

Know your laws before you get into trouble. In NY there is a duty to retreat law. And prosecuters around here go out of their way to charge to the victims.

 

[Caecus Veritas]

"Hold on, sir! Before you rob me blind, let me put down my gun so I can clean up this mess so you won't slip and hurt yourself!"

 

[mugs]

Originally posted by: FoBoT
it varies widely and local prosecutors might have some leeway

http://en.wikipedia.org/wiki/Make_My_Day_State

A "Make my day state" refers to those states in the United States that allow the lawful occupier of a premises to use violent or deadly force against an intruder, no questions asked.

Iowa, Nevada, New Jersey and Colorado

Shirley you jest. I can't believe NJ, a "may issue" state where darn near impossible to get a concealed weapon permit, would allow you to shoot a home invader no questions asked.

 

[mugs]

Originally posted by: PrinceofWands
You can research 'Stand your ground', 'duty to retreat', 'castle doctrine' to get a good primer. If current trends continue we should very soon reach 100% abolishment of 'duty to retreat'...to say nothing of concealed carry right increases. Things are getting better...slowly but surely.

In red states, yeah. Doubtful in blue states.

 

[her209]

Can you be charged manslaughter/manslaughter for shooting a family member that you mistook as an intruder?

 

[PrinceofWands]

Originally posted by: mugs

Originally posted by: PrinceofWands
You can research 'Stand your ground', 'duty to retreat', 'castle doctrine' to get a good primer. If current trends continue we should very soon reach 100% abolishment of 'duty to retreat'...to say nothing of concealed carry right increases. Things are getting better...slowly but surely.

In red states, yeah. Doubtful in blue states.

Not true. Washington was one of the original shall issue states and an early castle doctrine state (though it's a slightly watered down version). Most states now have shall issue laws (red and blue), and more all the time. Delaware has also recently done away with duty to retreat. A number of blue states (Washington, New hampshire, Pennsylvania among them) currently have supported legislation on the table to adopt variations of these laws.

 

[irishScott]

Originally posted by: her209
Can you be charged manslaughter/manslaughter for shooting a family member that you mistook as an intruder?

I think there's accidental/unintentional manslaughter.