I live in California and my car got broken into in front of my house parked in the street in the middle of the night.My driver side window was shattered and my stereo was taken. I have a firearm registered under my name, can I shoot the person legaly if I catch them breaking into my car without getting in trouble.
2007-01-27 16:35:33 · 30 answers · asked by ▐▀▀▼▀▀▌ ►SicHead◄ ▐▄▄▲▄▄▌ 4 in Politics & Government ➔ Law Enforcement & Police
Nope, that wouldn't be in self defence. You prolly could get away with firing a few warning shots to scare em off.
2007-01-27 18:41:00 · answer #1 · answered by chris 4 · 0⤊ 0⤋
No, you can not shoot a person for merely stealing or breaking into your car.
You can only shoot someone if after you have tried to escate to safety if possible, and you can not escape and your life is in danger, then you can use deadly force.
If you even shoot at them and don't hit them, you will be charged with a crime, you shoot them, you wil go to jail, and the person you shot will sue you for what you own.
2007-01-28 02:00:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I am not familiar with California law, but here in Oklahoma you may only use deadly force when you or your family is in danger of death or great harm. Get a good description of the bad guy and call the police. For you to kill that person will probably mean you spend the rest of your life in prison. It isn't worth it.
2007-01-28 05:11:24 · answer #3 · answered by Dino4747 5 · 0⤊ 0⤋
No. The only way that would possibly be justified is if you were physically in the car and the person was threatening you. In some states a person can break into your house, and if you shoot them, you can still be prosecuted. They have to be trying to physically harm you, which I think is rediculous. In Texas, my home state, all they have to do is break into your house and they are fair game.
2007-01-27 22:13:25 · answer #4 · answered by tmills883 5 · 0⤊ 0⤋
NO! NO! NO! Unless you are in immenite danger of loss of life or bodily injury, you may not fire upon anyone, especially outside your home. Senario; If you went out to your car to make a citizens arrest of the person breaking into your vehicle and he pulled a gun or knife and lunged at you with it, that would constitute self defense and a finding of Justifiable Homicide, but you better pray you kill him, if not, He could lie and cause you more grief than He would get.
2007-01-27 16:53:40 · answer #5 · answered by Chuck-the-Duck 3 · 1⤊ 0⤋
Well I think that only applies if the person is actually in your house. I really don't think you could legally go out and shoot someone on the street. The street is not your personal property, it belongs to the city/town in which you live.
2007-01-27 16:41:35 · answer #6 · answered by dmc81076 4 · 2⤊ 0⤋
I would lean toward 'No', given that you live in the United Californian Socialist Republic...Even if it is technically legal according to the books, it always seems that people defending their homes, self, family, or property with deadly or potentially deadly force (i.e. firearms) get the shaft.
I'd recommend inquiring at your local police precinct about the legality of such, or calling a local law firm.
2007-01-27 16:46:43 · answer #7 · answered by Anonymous · 1⤊ 0⤋
NO
To shoot someone you must be able to prove that you reasonably believed that the person had both the ability and intent to cause great bodily harm to you or another innocent. The location of the incident has no bearing on this, other than if the person forced entry into your house then the law presumes intent to cause you great bodily harm.
2007-01-27 16:41:35 · answer #8 · answered by Anonymous · 7⤊ 0⤋
No, deadly force is to be used against another person ONLY if the aggressor exhibits deadly force first. If you shoot this person who is not a deadly threat to you, you most likely will be arrested for manslaughter, if you kill him; or at best for illegally using a firearm/deadly force.
2007-01-27 22:49:21 · answer #9 · answered by WC 7 · 0⤊ 0⤋
Unfortunately, no. It has to be a life threatening event to justify deadly force. Someone breaking into your car is not life threatening. Annoying. But not life threatening. Sure would cut down on break ins and car jacking's though !!
2007-01-27 16:52:11 · answer #10 · answered by Anonymous · 1⤊ 0⤋