What is the law for shooting a burglar in your own house?

Question

I'm about to get a gun since i was recently robbed but im not sure about the laws about shooting the thief when he comes in...does he have to try to hurt you before you can shoot? Is there a site i can get more info from? PLEASE dont give me answers that say, "You dont need a gun" cause im already getting one so theres no use in telling me not to.

Answer 1

It is generally held that 3 conditions must be met before lethal force can be used.

#1. The threat must be real. (i.e. a 90 year old man in a wheel chair with a butter knife is not really a threat)

#2. The threat must be imminent. (i.e. if somebody says "I'm going to kill you on Thursday" you can't kill then. You could have them arrested for threatening you of course).

#3. There must be no avenue for retreat. (i.e. if somebody is 100 yards away and starts running at you with a knife but you can get in your car and drive away then you have to do that).

There are 2 important caveots to consider with #3. First of all, it does not apply in your home of business. You never have to retreat from your house. Secondly it does not apply in states that have "stand your ground" laws, which remove the duty to retreat.

Now let's consider an intruder in your home against conditions 1 and 2.

First the easy one, #2. Yes the threat is imminent because the intruder is in your home right now.

#1 is a little more tricky. A man in your home displaying a weapon is certainly a threat. So would a man who is trying to break down your daughters bedroom door. But is a person in your living room at 3 in the morning trying to steal your tv a real threat? In my opinion yes, because you have no idea what he's going to do next and you certaintly should not be expected to give him the benefit of the doubt. Now having said that, in an actual real-life scenario it might be a better idea to not shoot, and either hold them until the police arrive or allow them to run away. Even a justified self-defense shooting is still a real hassle, and you will probably get your gun taken away and maybe even arrested.

Answer 2

You might want to talk to your local police, they should have a non emergency number to call. Since you are getting a gun you should also get lessons, to practice shooting and make sure you hit what you aim at. Generally if someone enteres your house you can threaten them with a gun and then if they try anything else, except leaving, then you can shoot them. Giving them a chance to leave if at all possible is the best idea since that way you don't have to shoot them. Sometimes even if you were using your gun in the correct legal way you still may get a citation for discharge of a weapon within city limits, but normally it is only if it is illegal discharge of a weapon, but each city has their own rules about guns and citizens.

Answer 3

That depends on the state in which you live. In many states, you have the right to defend your home and if someone breaks in, you can use all necessary force to protect yourself. You will need to find the laws on self-defense in your particular state to be sure. There is no compilation of all state laws on self-defense, but here is a good general explanation http://tkdtutor.com/07Defense/Laws.htm
Also, for the laws of gun posession in your state, you can see the nra website at http://www.nra.org to make sure you keep your gun legally.
I am sorry you were robbed. I hope you never need to use your gun!

Answer 4

First you need a permit for the gun and you have to be atleast21 to obtain one. Self defense laws vary from state to state. You need to find out what they are in your state. Also if you shoot someone in your home but you don't have a parmit for the gun you could face crimminal charges too. Be careful and get all your facts together before you get the gun. And bravo to you for taking a stand, and protecting yourself. (just do it the legal way) :) Good Luck!!!

Answer 5

it varies by state, so you should check your state laws. If you go for a gun saftey class the instructor will be able to help.

but in general-
just because someone is in your house you do not have the right to shoot them. you must believe that your life or property is in imminent danger. in many states, you must also give the person a reasonable opportunity to escape, such as yelling "I have a gun and I'm going to shoot you if you dont get out NOW!"
if you think they may have a weapon, or if they are in the process of taking your TV set out the window, you are probably ok in shooting them.
if they are outside your home, you are probably NOT ok in shooting them.

Answer 6

You can shoot one a day, two on the second Wednesday of every month - three on federally-recognized holidays.

Just kidding, I would contact a lawyer or ask the police department in your area - I mean, you have to register your gun anyway, so the law will already know you have a gun.

Answer 7

It depends on your state. In Florida, if you feel your life is being threatened and you can prove later that you honestly felt your life was being threatened, you can shoot the threatening person. Some places, if you shoot the burglar, the burglar can sue and win.

Answer 8

According to most laws it has to be a life threatening situation, however, if I was in such a situation of being robbed in my house I would aim to kill no matter what. I would take no chances and I would stop the crime.

Answer 9

That depends on the state that you are in. Some as long as they are in the house then you can shoot.

Answer 10

i would talk to your police department first, in hawaii you can actually be charged with murder or attempted murder if someone breaks into your house and you shoot them, i have heard that most states have this kind of rule, kind of messed up robbers have more rights than the person who was robbed