are you allowed to shoot a burglar in your house???

Question

if someone breaks in your house, are you allowed to shoot? are you supposed to let them know you have a gun first? if there is a question i forgot to ask and you know something more, please let me know. thanks so much , i live in louisiana, if that helps, depending on state the laws may be different.

Lady Jag, i will have to remember that i MUST drag the body back in the house. thanks, lol, i might have to use that.

Peter N. i think i will be able to convince a jury that he shot himself in the legs.

thanks for yalls answers and advice, i hope i never need the information, but my exhusband is seriously off in the head. i have a little girl to protect, i dont think my little league bat will sufficiently ward him off

Answer 1

Ok, I'm a little worried about Lady Jag's answer. NEVER, NEVER, NEVER move a body. Even if it's a clean shoot you are going to make yourself a suspect by screwing with the evidence. The question, "what does she have to hide?" will be automatic and trust me when I tell you that prosecutors in general have no problem with putting you on the hot seat.

You put a bullet in some jackass that desperately deserves it then there will be evidence to show that he/she was inside the home. Even if the lugnut falls or stumbles outside there's going to be blood spatter (& no - it's not splatter), shoe marks, fingerprints, hair, dirt, etc to back up your report that the subject was inside.

Here are the post shooting "rules":

1. Communicate with the police. That's the MESSAGE phase. Try to stay on the phone with them until responding officers are on scene. I teach people to have a cordless phone in the house. That way it's all on tape. You announce that you're armed and scared & the critter keeps coming then you've got a case for being terrified and having to defend yourself; plus the evidence was taped by your friendly neighborhood dispatcher for you. However, this is only if you have time. Save your life first then worry about dotting the i's and crossing the t's if things are happening fast.

2. In public we like to have someone like a store manager meet the responding officers but that probably won't be possible in your home. If it is, then by all means. This person can give them a good description of you and identify you as the 'goodguy'.

3. Holster your weapon or set it down & put your foot on it as the police arrive if at all possible. You don't want to reflexively turn around with a gun in your hand. This can, and just might, get you shot.

4. Don't loose track of the subject you just shot. He/she might not be out of the fight and only playing opossum. Also, don't forget to watch out for his/her partner. They might not be too fond of you at that moment.

5. Don't go to the dirtbag just to protect your stero or VCR. If for no other reason than he might be better armed and a better shot than you. You have a stronger legal position for feeling threatened if he comes to you and you didn't go to him to protect a stero.

6. It is good to move between family and the bad guy though. A parent or spouse protecting a loved one is a strong position to defend from legally.

7. NEVER NEVER put a gun or knife down by the hand of some critter you just justifiably shot. See the first point on topic, "what is she trying to hide" tends to come to mind.

8. Do what responding officers tell you. They're in charge. If the critter is unsecured you can tell them so, but put the gun down if they tell you.

9. If it's holstered, tell the officers before you start moving around.

10. If they want you to drop the gun, try to do it so it lands flat and not on the muzzle or hammer. An accidental discharge can be unnerving at such a time and bad things could occur.

11. If for some reason somebody feels they need to arrest you, don't resist. Go with it and do your fighting in court. Get a good attorney that knows how to fight self-defense cases and isn't a plea bargin weenie.

12. PLEASE...NEVER FORGET THIS. Drop any 'macho' pretense when dealing with investigators or court. This bites more cops in the butt than you could ever imagine. YES YOU WERE AFRAID/SCARED. If you weren't then you can't go shooting someone.

Answer 2

In the state of Texas, you can with a couple of different elements.

If they are in your house and they behaving ina way that you fear for your life, then yes you can respond with deadly force. Obviously shooting the person would be deadly force. You just have to make sure that you can tell the investigators how he was acting that would make them believe that you had a reason to be in fear of your life.

Another way to shoot a burglar by Texas law, is if it is night time and you see someone anywhere on your property that is trying to commit theft, you can shoot them. Of course you will need to be able to let the investigators know what all was going on.

Gotta love Texas.

Answer 3

First off, if you think you might need a gun to protect yourself, learn how to use it properly, go take a few lessons at a gun club or from someone that can teach you how to shoot properly. My advice is, if you are in fear of your life or your daughter's ...if the need arises...use it. I have been told, get yourself backed up against a wall if you can, before you shoot, because it shows you were backed into a corner, so to speak.
Your going to hear from a few people, "oh, I could never shoot anyone." My thoughts there are,"if its me or you, its going to be you." Let your friends know you fear for your life from this guy.
I wish you well and hope you don't have to resort to this, be careful.

Answer 4

That depends on the elements. I think most states are close. However I think Texas has a more liberal law on it.
Where I am from they person must enter stealthfuly, with intent to commit a violent felony before you can shoot them. How you know their intent is the big question. I do think that if you had to shoot someone just explain why you feared for your life.
I have been to calls where intruders have been injured and usually the victims have nothing to worry about. Its better to defend your life and explain why you did later than to be dead and you simply waited because you thought you would get into trouble.

Answer 5

There are a number of state wich has a "shoot the burgler" law in place. Louisiana, where I live is one of those states. Remember this, that deadly force should only be used if it is levied against you. If I confronted a burgler in my house who appears to be unarmed, I'd hold him at gunpoint and order him to lie on his stomach with his hands and legs spread apart, while I call the police. There is no glory in killing someone. One the bullet leaves the muzzle of the gun, it CAN'T be recalled. Keep this in mind, and you will save yourself a lot of legal trouble, and emotional anguish .

Answer 6

Laws are different from state to state but in my state of Mississippi we just pasted a law that lets us shoot first ask later on someone breaking into our house,car,or place of work. I believe you can shoot them if they are in your house and you claim self-defence. You shouldn't get in trouble for that.

Answer 7

Yes, but apparently, as my friend's mom says, if you're going to shoot someone that breaks into your house, shoot to kill.

A dead man can't press charges.

Answer 8

just as long as he is fully in your house he's fair game i hear your suppose to make sure they're armed and dangerous but like my criminal justice teacher said (who was a ny cop) who in their right mind is gunna take the time to find that out when your life or your families life is at risk so if you have a gun shoot the SOB and if you dont have a gun then i hope that your faster then whoever broke in!

Answer 9

I will very careful in this country the good guy go in jail
see what happend to the 2 Border Patrol on duty
http://answers.yahoo.com/question/index;_ylt=AjFLu9MTTQDpQ5dRb8vRULrsy6IX?qid=20070113000630AASllsQ

I carry a gun but only for intimidated I will in all circumstance
think twice before use a deadly force and especially against
unarmrs suspect...

Answer 10

The Law says You can actually KiLL anyone who illegally breaks into your home...assuming you are fearing for your life. Of course, this is one of many options. I myself would give ONE fair warning, then bangbang; DON'T do this unless you REALLY have a firearm AND are prepared to use it!!! Hiding while calling the law may seem ok...until you're discovered...that could be bad. Exit the dwelling, get away! call the law from elsewhere, that's a good option....
Good Luck