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Started By
Message
Home defense question. Legal counsel requested
Posted on 5/11/17 at 9:08 am
Posted on 5/11/17 at 9:08 am
A buddy of mine recently woke up in the middle of the night to a noise outside his bedroom window. He grabbed his 12 gauge pump and walked through the house and heard someone at his back door. He aimed at the door from down the hall waiting for the intruder to get in the house. The criminal couldn't get past the deadbolt so he gave up and left.
Question: At what point could my friend have shot at the intruder and been legally protected? Before he got the door open? After he was inside?
Also, in this situation, do you shoot to kill or shoot to deter the intruder? He has a wife and 2 small kids and was caught between protect the family mode and protect himself from a legal standpoint.
Question: At what point could my friend have shot at the intruder and been legally protected? Before he got the door open? After he was inside?
Also, in this situation, do you shoot to kill or shoot to deter the intruder? He has a wife and 2 small kids and was caught between protect the family mode and protect himself from a legal standpoint.
This post was edited on 5/11/17 at 9:09 am
22
Posted on 5/11/17 at 9:10 am to Tyga Woods
quote:
Also, in this situation, do you shoot to kill
Rule #1 - you always shoot to kill. Period.
Posted on 5/11/17 at 9:11 am to Tyga Woods
quote:
do you shoot to kill or shoot to deter the intruder
You should NEVER discharge a firearm in a self defense scenario, especially in a residential setting, unless you are shooting to kill and end an immediate threat. Where the hell are you aiming to "deter"?
This post was edited on 5/11/17 at 9:12 am
Posted on 5/11/17 at 9:12 am to Tyga Woods
I wait till the door is open, but I have some family members dumb enough to try sneaking into our house to crash on the couch or something.
Posted on 5/11/17 at 9:13 am to Damone
quote:
Where the hell are you aiming to "deter"?
Legs? Idk. I wouldn't shoot unless it was to kill.
At what point could you shoot an intruder and be protected by law? Could he shoot through the door before ole baw got inside? He told me that was his biggest dilemma
This post was edited on 5/11/17 at 9:14 am
Posted on 5/11/17 at 9:13 am to Damone
You want a pump action shotgun with a really loud action if you are trying to deter someone. It's an unmistakable noise and will result in tracks. If they still come through the door, center of mass.
Posted on 5/11/17 at 9:14 am to Tyga Woods
quote:
Home defense question.
Always use a canon
Posted on 5/11/17 at 9:14 am to Tyga Woods
Technically, you can shoot if someone is attempting to gain entry into your home. It's just that sometimes it gets hard to prove in court. That's why some people say to make sure they're in the house before you shoot.
Posted on 5/11/17 at 9:15 am to Galactic Inquisitor
quote:
You want a pump action shotgun with a really loud action if you are trying to deter someone. It's an unmistakable noise and will result in tracks
Uh oh. You done it now.
Posted on 5/11/17 at 9:16 am to Tyga Woods
Obviously it was best in this case to let the dead bolt do its job so no one had to be killed. But had he been certain the intruder was breaking through, it would be best to yell a verbal warning, and if they still persisted in picking a lock or whatever, he can shoot through the door and still have a fairly strong defense case. It would be safest bet, though, to wait until exactly the moment the door came open and then just take the clear shot where there is no ambiguity about whether it was necessary to shoot.
And always shoot to kill. Dead men tell no tales.
And always shoot to kill. Dead men tell no tales.
Posted on 5/11/17 at 9:16 am to Tyga Woods
First question prosecutor asks you during the trial: "did it ever occur to you to yell at the person on the other side of the door instead of just shooting through it?"
Posted on 5/11/17 at 9:17 am to Tyga Woods
quote:
§20. Justifiable homicide
A. A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:
(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.
(2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.
D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.
Posted on 5/11/17 at 9:17 am to Tyga Woods
They need to be inside of your house.
Posted on 5/11/17 at 9:17 am to Damone
quote:
Where the hell are you aiming to "deter"?
head
Posted on 5/11/17 at 9:18 am to PrivatePublic
Would be pretty damn stupid to shoot through a closed door. Breaking two of the most basic firearms rules: know what your target is and what is behind it. How can you truthfully say you feared for your life if you don't even know what is there?
Posted on 5/11/17 at 9:19 am to upgrayedd
quote:
That's why some people say to make sure they're in the house before you shoot.
With a wife and young family, idk if I could wait that long. Would probably take my chances and fight it in court if necessary.
My biggest fear would be not knowing how many intruders there were. Hopefully if you knocked one of their boys down with the shotgun, the rest would make a business decision and bounce. So many points of entry to a house though...
This post was edited on 5/11/17 at 9:20 am
Posted on 5/11/17 at 9:20 am to Tyga Woods
quote:
Could he shoot through the door before ole baw got inside?
Rule #2: Always know what you are shooting at before you fire.
Posted on 5/11/17 at 9:20 am to terd ferguson
It's never a good idea to shoot through a door... bc you don't know who is on the other side.
BUT if someone is attempting to break into your home in the state of LA then you are within your legal rights to use deadly force if you believe they are attempting to forcibly enter your home.
BUT if someone is attempting to break into your home in the state of LA then you are within your legal rights to use deadly force if you believe they are attempting to forcibly enter your home.
Posted on 5/11/17 at 9:20 am to YouAre8Up
quote:
They need to be inside of your house.
False.
Posted on 5/11/17 at 9:20 am to Tyga Woods
quote:
The criminal couldn't get past the deadbolt so he gave up and left.
Could have been a circus bear.
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