If somebody is breaking in a house does the resident have the right to use deadly force?

Question

They do in my State..But what about others?

Answer 1

legal or not,if i see someone breaking in my door they are gonna get a .45 slug

Answer 2

their are more states that do not have make my day laws than do but my state does.

Regarding discussion of laws concerning homeowner rights against the
unlawful entry of an intruder I offer the following to show how this
law is worded in my state:

'21-1289.25. Unlawful entry of dwelling - Physical or deadly force
against intruder - Affirmative defense and immunity from civil
liability.

A. The Legislature hereby recognizes that the citizens of the
State of Oklahoma have a right to expect absolute safety within
their own homes.
B. Any occupant of a dwelling is justified in using any degree
of physical force, including but not limited to deadly force,
against another person who has made an unlawful entry into that
dwelling, and when the occupant has a reasonable belief that such
other person might use any physical force, no matter how slight,
against any occupant of the dwelling.
C. Any occupant of a dwelling using physical force, including
but not limited to deadly force, pursuant to the provisions of
subsection B of this section, shall have an affirmative defense in
any criminal prosecution for an offense arising from the reasonable
use of such force and shall be immune from any civil liability for
injuries or death resulting from the reasonable use of such force.

Added by Laws 1987, c. 54, ' 2, eff. Nov. 1, 1987.

Answer 3

In Georgia:

Just for breaking into your house, NO. You must be in fear of your life, or the life of another person (family member, etc.)

Example: They are in your house, in the living room, stealing your stuff. You are in your bedroom. You have no right to use deadly force. If they come into your bedroom, and they do something that makes you afraid for your life (holding a weapon, say "I'll kill you", Etc) then you may use deadly force.

Under a new law, you have no "duty to retreat" (you don't have to try and get away first), but "no duty to retreat" does NOT mean "go get them".

Answer 4

Georgia: The suburban city of Kennesaw, northwest of the Metro Atlanta area has on the City's laws a requirement that every homeowner or renter within the city limits MUST own a weapon (unless prohibited by law or religious convictions, as in convicted of a felony or Quaker).

If someone comes across your threshold and you are in fear of bodily harm, you may use deadly force. If they stand on your front porch and threaten you, even with a weapon, you are not entitled to use deadly force.

Before you shoot, make sure you are strong enough to drag their corpse into your house. Do not shoot to wound, you don't want them to heal up with a grudge.

Florida now has a "concealed carry law" that allows anyone who registers to own a weapon be permitted to carry that weapon in public.

I believe a lot of impulse crime, like purse snatching or smash and grab robberies would drop if people were seen to be carrying a low-rider holster with a Glock or Beretta automatic around the malls.

SUPPORT GUN CONTROL: The ability to hit your target with your first shot.

Answer 5

It varies from state to state but Here in Georgia we have the "Make my day law" Which states that deadly force can be used if a person is in fear for his own or his family's life.

Answer 6

That is a touchy subject. Yes you can shoot them but I you really should give them a warning and try to order them to get down and wait for the police. Now if he tries to fight you then yes shoot him. Deadly force is great if you are protecting you or your family's life not to protect your TV. Also if you shoot somebody for breaking into your house then make sure they die in your house because if they are outside your house you can get into some trouble.

Answer 7

Colorado's got the "Make my Day" law (shot 4 deadly force).

Ah, this law is wimpy. We have this horrible story. The cops got a warrant for a dudes house and they busted in. Well the dude sleeps with a gun under his pillow. When the police busted in, the dude shot.

Two things here ... "Make my day" law, & some law holding ppl harmless for actions when woken up from sleep ... but the dude still went to jail major ... guess he couldn't afford a lawyer like O.J.

Answer 8

The Castle Doctrine refers to a legal concept derived from English Common Law as it is presently applied in sections of the United States of America. It designates one's home as a place in which one enjoys protections from both prying and violent attack. In the United States, laws informally referred to as 'castle laws' can sometimes impose an obligation to retreat before using force to defend oneself. The Castle Doctrine provides for an exception to this duty. Provided one is attacked in their own home, vehicle, or place of business, in jurisdictions where 'castle laws' are in force, one may stand their ground against an assailant without fear of prosecution.

A close corrolary to a castle law is the " Duty to Retreat" law, which is the case in most U.S. Northeastern states, such as Connecticut, New York, Pennsylvania, Massachusetts (where Castle Doctrine takes effect only within the confines of the 'dwelling'). Castle Doctrine laws in the U.S. are sometimes referred to as the "use of deadly force" [1] or "no retreat" laws, and originate in the home, but are sometimes (depending on the state) extended to the automobile or the business or any place where one has a legal right to be (a campground or park, for example).

In some U.S. states, such as Iowa, there is an adverence in the law which requests that "no immunity" murder laws are unnecessary, and encourage escalation.

Answer 9

Yeah, the do in Ohio too but you have to make all these attempts and letting the intruder know you mean business. You have to make an attempt to remove yourself from the danger, yell something about having a gun, blah blah blah - at that point, it just isn't worth it. Too much room for error on the home owner's part.

Answer 10

Yes. Just make sure they are dead and you have signs posted "Forget the Dog Beware of Owner" or "I support the NRA" or "Gun on Premises", etc. If you use deadly force on an unarmed suspect and they live you may be sued by the criminal!

Answer 11

Say they come in your house with a deadly weapon, are you not going to try and use deadly force to protect yourself?