Hypothetical Question

illusion88

Lifer
Oct 2, 2001
13,164
3
81
Ok...
Assume you wake up and someone is robbing your house. You have a gun permit, take your gun out and stand your ground in your room. When the burglar enters your room you draw down on him (but do not fire). He in turns draws his weapon and shoots and kills you (sad).

Later in court it is found out the Burglar has his Concealed Weapon Permit. His gun is legal. Would he be within his rights to defend himself in your home? You drew on him first, his life was in immediate danger, it's self defense.
 

pontifex

Lifer
Dec 5, 2000
43,804
46
91
first, i'd be concerned why this burglar is in a guy named Curt. I don't care if he's gay, but I don't see what it has to do with the question. ;)

i would think him breaking into your home would cancel out his rights of self defense
 

effowe

Diamond Member
Nov 1, 2004
6,012
18
81
I wouldn't think so. He entered your property with the intent to steal, and could be argued that he also intended to kill.
 

bsobel

Moderator Emeritus<br>Elite Member
Dec 9, 2001
13,346
0
0
Originally posted by: illusion88
Ok...
Assume you wake up and someone is robbing your house. You have a gun permit, take your gun out and stand your ground in your room. When the burglar enters your room you draw down on him (but do not fire). He in turns draws his weapon and shoots and kills you (sad).

Later in court it is found out the Burglar has his Concealed Weapon Permit. His gun is legal. Would he be within his rights to defend himself in your home? You drew on him first, his life was in immediate danger, it's self defense.

:roll: It's felony murder committed during the course of a robbery.
 

BigJ

Lifer
Nov 18, 2001
21,330
1
81
And this is why, if you live in an old house, you make sure you remove the lead paint from your walls before having kids.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: illusion88
Ok...
Assume you wake up and someone is robbing your house. You have a gun permit, take your gun out and stand your ground in your room. When the burglar enters your room you draw down on him (but do not fire). He in turns draws his weapon and shoots and kills you (sad).

Later in court it is found out the Burglar has his Concealed Weapon Permit. His gun is legal. Would he be within his rights to defend himself in your home? You drew on him first, his life was in immediate danger, it's self defense.

are you retarded? really.

doing drugs? drinking? something?
 

KLin

Lifer
Feb 29, 2000
30,458
764
126
Originally posted by: illusion88
Ok...
Assume you wake up and someone is robbing your house. You have a gun permit, take your gun out and stand your ground in your room. When the burglar enters your room you draw down on him (but do not fire). He in turns draws his weapon and shoots and kills you (sad).

Later in court it is found out the Burglar has his Concealed Weapon Permit. His gun is legal. Would he be within his rights to defend himself in your home? You drew on him first, his life was in immediate danger, it's self defense.

Killing someone while committing a crime is never self defense.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: tenshodo13
Its fine. You have the right to defend yourself

Question
What happens if you don't have a gun permit?

uh did you read the post?
 

biggestmuff

Diamond Member
Mar 20, 2001
8,201
2
0
Originally posted by: tenshodo13
Its fine. You have the right to defend yourself

Question
What happens if you don't have a gun permit?

It depends on the state, but you may not need a permit while carrying on your own property or inside your home.
 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
Originally posted by: illusion88
Ok...
Assume you wake up and someone is robbing your house. You have a gun permit, take your gun out and stand your ground in your room. When the burglar enters your room you draw down on him (but do not fire). He in turns draws his weapon and shoots and kills you (sad).

Later in court it is found out the Burglar has his Concealed Weapon Permit. His gun is legal. Would he be within his rights to defend himself in your home? You drew on him first, his life was in immediate danger, it's self defense.
No, it's not. By forcing entry into your home, the burglar is the aggressor. Period. His mere presence in the house is an act of aggression and the homeowner drawing a weapon first does not negate the fact that the the homeowner is acting in defence and the burgler, by the simple act of forcing entry, is always the aggressor in your scenario.

ZV
 
Oct 25, 2006
11,036
11
91
Originally posted by: waggy
Originally posted by: tenshodo13
Its fine. You have the right to defend yourself

Question
What happens if you don't have a gun permit?

uh did you read the post?

Crap misread the post. I thought it said the Homeowner killed the guy.

Well, its a felony, because of the fact that you were in there with malicious intent anyway. If you kill someone while doing it, its even worse.
 

K1052

Elite Member
Aug 21, 2003
52,931
46,892
136
Originally posted by: BigJ
And this is why, if you live in an old house, you make sure you remove the lead paint from your walls before having kids.

...and knowing is half of the battle.

 

nweaver

Diamond Member
Jan 21, 2001
6,813
1
0
Originally posted by: biggestmuff
Originally posted by: tenshodo13
Its fine. You have the right to defend yourself

Question
What happens if you don't have a gun permit?

It depends on the state, but you may not need a permit while carrying on your own property or inside your home.

it's sad, it shouldn't matter what state you live in. You should have the right to carry (not shoot, but carry) in your home if you want to, and if you shoot a criminal in your home, you should be regarded as a hero, not a fricking criminal.

sometimes I'm VERY glad I live in Utah
 

purbeast0

No Lifer
Sep 13, 2001
53,662
6,540
126
wow between this post and his posts in the thread about the kid w/the samurai sword ...

Illusion ... could I please have whatever it is you are smoking? It must be some GOOD SHlT!
 

Canun

Senior member
Apr 1, 2006
528
4
81
Originally posted by: illusion88
Ok...
Assume you wake up and someone is robbing your house. You have a gun permit, take your gun out and stand your ground in your room. When the burglar enters your room you draw down on him (but do not fire). He in turns draws his weapon and shoots and kills you (sad).

Later in court it is found out the Burglar has his Concealed Weapon Permit. His gun is legal. Would he be within his rights to defend himself in your home? You drew on him first, his life was in immediate danger, it's self defense.

Very silly question.

First, concealed handgun laws allow you to hide it. It is legal to wear one on a visible holster without a concealed weapon permit.

Second, the burglar in question broke the law to put himself in the situation. By committing breaking and entering, he is at fault. Taking a weapon with him is assault with a deadly weapon if all he does is point it at the home owner.

Third, homeowner should have shot the man if the guy was in his bedroom. Stealing from a home while the owner is there means the burglar has a desperate need to get the stuff and probably doesn't care how he gets it.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: K1052
Originally posted by: BigJ
And this is why, if you live in an old house, you make sure you remove the lead paint from your walls before having kids.

...and knowing is half of the battle.

Go JOE!
 

Looney

Lifer
Jun 13, 2000
21,938
5
0
Um yeah, that's right. A concealed carry permit gives you the legal right to commit crimes with a gun.
 

SlowSpyder

Lifer
Jan 12, 2005
17,305
1,002
126
If I have a current drivers license, and run over a bunch of school children, but am doing under the speed limit and using my blinker, am I innocent?

OP, come on, use your head.