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Your rights when someone breaks into your house?

Apr 5, 2000
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What "rights" do you have when someone breaks into your house?

Ex, if someone broke into your house with no weapon, could you shoot him (talking about killing him) with no legal consequences, or would the burgular need to be carrying a weapon for you to have the right to shoot him dead? I personally would beat him with a bat unless he's packing heat - therefore I'd break out the 12 gauge.
 

AndrewR

Lifer
Oct 9, 1999
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Home invasions are, by their very nature, considered crimes of violence and do put you in fear of your life even if the perpetrator is not carrying a weapon. The mere fact that the perp broke in with the full likelihood that someone would be there shows a disregard for the well being of the occupants. Plus, there's no guarantee that the robber does not have a concealed weapon about their person. Killing someone who has invaded your house/apartment is almost always justified.

To some, it may not be morally correct (to me it's fine), but I couldn't ever see a prosecutor trying to convict someone of defending their life and home. Would you vote guilty on that jury?
 
Apr 5, 2000
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I probably wouldn't but a clerk here in Dallas got put in jail for killing some perp who tried to rob a store - only reason why I have doubts
 

woodie1

Diamond Member
Mar 7, 2000
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I think it depends on the laws in your area. Some places will let you kill with no questions others make you out to be the bad guy. Generally if you can convince the powers that be that you were in fear for your life, once they are inside you can use deadly force to protect yourself.
 

perry

Diamond Member
Apr 7, 2000
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Just don't injure him. He can sue you for that (remember hearing about that few years ago). Dead men can't sue.
 

403Forbidden

Banned
May 4, 2000
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Yeah you have a right to shoot them if you reasonably fear for your physical well being and there is no other easy solution to ending the situation. If someone breaks into your house while you are home, then it is reasonable to fear for your physical well being.

However, if someone merely tresspasses on your front lawn during normal business hours, it is not reasonable to fear for your physical well being. And even if you reasonably feard for your physical well being at this point, there is a simple solution to end that fear. Simply stay in your house and lock the doors. However, if you instead choose to shoot the tresspaser at that point, you will be prosecuted.

The reason other people go to jail for shooting robbers is because they (the shooters) acted unreasonably (in the eyes of the court). Either there was no reasonable threat to the person's physical well being, or there was a simple way to end the hostile situation.

The law will not allow you to paint a broad brush and say you have a right to shoot every single person who trespasses (or even attempts to rob you).

Just act reasonably and you will be fine.
 

The Dancing Peacock

Diamond Member
Dec 22, 1999
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I think it might depend on the state's legal precedence. But if there is reasonable fear for your life then blow him away.

Maybe the clerk got jail time because it wasn't their store and it was just material good being stolen from the owner not the clerk themselves.



late.

TDP
 

AxelRose

Member
Sep 3, 2000
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>>>>>>>>>>>>Just tell them you're a cop in training.>>>>>>>>>>>>>>>>>>

>>>>>>>>>>>>>>You should be able to get away with anything. >>>>>>>>>

Quote by Paulson




Paulson, are you the Devil Himself?


Sounds like your morals arent to high are they?

Basically if some Mofo is coming at me in MY house where HE doesnt belong, he is gonna get trouble.
 

Tripleshot

Elite Member
Jan 29, 2000
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Blow them to hell and gone.An intruder is always a threat.you could blow a cop to hell and gone if he just walked into your house without knocking in the middle of the night. There is no distinction. Any un anounced person that enters the sanctity of your home is fair game.I believe that is the law in Texas as well,unless Bush screwed that up too.
 

warlord

Golden Member
Oct 25, 1999
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Texas has a law on the books that says the owner of any property has the legal right to defend it with what ever means he sees fit. so basically if someone is stealling your vehicle off out of your driveway, you can shoot him to death, just don't reload ;)

I'll try and find the link I read that at, I know it was a state of texas web site, but it'll take a while.

it could differ for a store clerk b/c because they may not own the land... its a gray area.

all in all, I believe this q boils down to a state to state basis, so becareful.
 

Ronstang

Lifer
Jul 8, 2000
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You are correct warlord, here in texas you can use deadly force to protect your property and you don't have to be in fear or your life either.
 

FrogDog

Diamond Member
Jan 12, 2000
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I'm reminded of an episode of the Simpsons...

Wiggum: Yep, once a man is in your house you can do whatever you want to him.
Homer: Oh really...Flanders, get in here!
Wiggum: Ahh, it doesn't work if ya invite em.
Homer: Awww...Flanders, go home.

:)
 

monckywrench

Senior member
Aug 27, 2000
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Best to actually look up the specific state and local laws that apply to your location. nra.org has some good resources too. BTW a burglar already has the advantage of surprise, and bats are ineffective weapons. If you have legal cause to defend yourself, doing so without direct physical struggle with your assailant is far less risky. The most practical and effective home defense weapon is generally conceded to be a 12-guage shotgun, loaded with 00 buckshot. Large bore pistols and such tend to punch through walls and ventilate innocent neighbors.
 

SJ

Golden Member
Oct 9, 1999
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A store is different. A home "invasion" is not the same a store. Atleast in Texas(and a few other states) you can shoot someone dead if they broke into your house and not face any criminal charges. The majority of the other states do no ALLOW excessive or deadly force, and you will be charged for murder, and probably found guilty unless you have proof that the person was threatening your life.

 

chess9

Elite member
Apr 15, 2000
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I hate to break up a useless spate of idle speculation, but check with a lawyer in your state. Don't rely on anything said here. Will you be checking here for updates on your cancer treatment? Shall I give you your tappet clearance? Would you care to receive info on the latest DNA testing procedures as it relates to your genetic disease? Perhaps I could give you advice on that apartment complex in Manhattan you are about to purchase? :p

Good grief, you guys have no sense. Not only should you not ask for such advice here, NO ONE SHOULD GIVE IT. If RagingBitch ends up getting the chair will you guys be petitioning the Governor for clemency? Sheezh! :p
 

AndrewR

Lifer
Oct 9, 1999
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It goes without saying, I would have thought, that any "advice" here is idle speculation. I mean, I could be a precocious six year old for all you know. :D

Anyway, as SJ said, there is a big difference between a store and a home. A person in a store is called an invitee since the store is open to the public. Unless you actually invite someone into your home, they are present there illegally. Plus, since it is a home and not a place of business, it is that much more sacrosanct in the eyes of the law.

Texas has the correct law. However, I could easily see a state like the People's Republic of Taxachussetts punishing a homeowner for defending his/her family or self.
 

NikPreviousAcct

No Lifer
Aug 15, 2000
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Paulson
I was beginning to have a little faith in you, honestly. Until now.

Shut up.

Chess9
hey man, relax, please! If anyone takes these forums for real and implements this kind of topic in their life because it was simply told to them here, they're not well.



If somebody breaks into my house, I will defend my property and my life. If they're dumb enough to break into my house, they're going to learn a lesson. They gonna pay. Like I said before,
"If someone has the balls to break into my house, I'm going to shoot them off."

But I wouldn't kill someone unless they posed a threat to my life. IF they break in with no weapons, I'd knock them out and call the authorities. If they had a knife, I'd break their arm/hand, then knock them out and call the authorities. If someone breaks in with a gun... no mercy
 

xtreme2k

Diamond Member
Jun 3, 2000
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i am not americans myself and i dont know the specific laws

but then if u shoot someone while he is in your house

how would u prove to the cops that he is in fact intruding your house?
 

NikPreviousAcct

No Lifer
Aug 15, 2000
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uh... usually when there's glass on the floor from your side/back window, he's dressed in black, has a flashlight, a gun, a mask, and a huge pillow case, cops would probably understand that he's not there for the afternoon tea.

:D

No, really. That might be hard to prove in some cases. But, for the most part, cases tend to prove themselves when you get members of the household all stating that they do not know the man and that he was not welcomed into the house. Not all Americans are freakin' trigger happy, although it may seem to the rest of the world that that is the case sometimes.
 

xtreme2k

Diamond Member
Jun 3, 2000
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why would he bring a huge pillow case with him? ;-)

what if you live by yourself?
 

Ulfwald

Moderator Emeritus<br>Elite Member
May 27, 2000
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Pillow case = sack to carry loot, or a way of smothering the would be victim.
 

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