Isnt it every citizens right to shoot whoever breakes into their home?

Question

The "Castle Doctrine" simply says that if a criminal breaks into your home, your occupied vehicle or your place of business, you may presume he is there to do bodily harm and you may use any force against him.

true_blue: While your information may be relevant to Canada, I am not really looking for input on what the inferior nations believe, thanks!

Answer 1

Frankly, I wouldn't care what the law said. If a person breaks into my house, he is there to do me no good and I would do what was necessary to protect myself and my family.

If I had a weapon, I would shoot the bas****...if I had a baseball bat, I'd knock him senseless...

Go ahead and lock me up...at least my family and I are still alive.....

Answer 2

In Canada you can use force to defend yourself under any circumstance. The level of force must be reasonable and there are no presumptions about bodily harm. If you can articulate why you feared for your life and killed someone then you would be okay. Explaining why you shot and killed an unarmed 15yr old who climbed in through the window to steal your X-box would be tricky.

Mind you, the gun storage laws in Canada would make shooting someone difficult as you would have to remove the gun from the safe, and/or take the trigger lock off, find the ammunition that is stored separately and load the gun. It may be easier to have a baseball bat next to your bed.

Most of the time, the only reason people break into house it because they think there is no one home. Yelling out "get out of here" when you hear someone will probably send the idiot scurrying out the way he came in.

Answer 3

They should be put in nursing homes if they need that type of care. Go visit a nursing home and you'll find younger people there too -- adults in their 20's, 30's, etc., who are also unable to take care of themselves. The nursing home where my grandmother stayed had a teenage boy -- he had been in an auto accident and was quadriplegic and needed the care that a nursing home could provide. However, it is expensive and most people can't afford the cost and end up on Medicaid, which we pay for through our taxes. So, if all senior citizens went to nursing homes simply based on age, your taxes would go sky high.

Answer 4

In the United States, at least, I think that this doctrine is accepted on a state by state basis.
In states where it is not a part of the law, I would say that you have the right to defend yourself at a level commensurate with the level of harm you expect to have visited upon you by the other party.
Is there an intruder in your home and are you in fear of grave bodily harm? Then the answer is yes, shoot him.

Answer 5

You only have the right to shoot at someone if the are holding a gun at you, threaening you with any other weapon, or causing bodily harm. If someone was to come into your home had no weapon at all and you shot the person. You would have no proof that he had threatened harm. You would have no proof that you did or did not know this person. The best thing for you woul be to threaten to shoot him and then call 911

Answer 6

NOT entirely true... if that were the case, you and I could be invited over to someone's home and shot as we entered into a staged break-in.

The fact is that you cannot be held criminally guilty if you can demonstrate that the person broke in and that you BELIEVED to be in imminent danger and you reasonably FEARED for your life and safety and, therefore, acted in self-defense in using deadly force. You don't just say that and walk away; there are legal procedures to follow beyond just reporting your version of the events to a police officer, there is sure to be an autopsy performed to determine if any forensics evidence contradict your statements (not to mention a possible Grand Jury testimony if the medical examiner has a question or two and issues as a cause of death "questionable" or something else). "Self-defense" in one's own home is not like a magician's "Abracadabra!"

I've heard so many people say in their mistaken belief that you can kill (stab or shoot) someone and pull that person in your apartment or your property and claim "self-defense"... wow... how grossly wrong they are!

Answer 7

I dont know what state that law applies to , certainly not New York. It's quite the opposite. If someone enters your home .you assume they are there to rob you and not do bodily harm. It's a little sad but homeowners dont have much protection. You will really have to prove beyond reasonable doubt that the person broke into your home for the sole purpose of harming you.

Answer 8

In some states you can. In some states you are only allowed to shoot someone if they are directly threatening your life. You must use everything except lethal force before you can kill them. Here in WA state, you cannot just shoot someone who is there to burglarize the house. Bsically, it is your word against an attorney's, unless the person you shot was still alive to tell their side of the story.

I personally will shoot anyone breaking into my house. I am fully willing to go to prison to protect my family and myself from someone that has the gull to break into someone's house and steal their property, rape, or murder. I will shoot to kill not mame because they know where I live.

Answer 9

Be prepared to go to jail. You will be processed as a felon. You may well be exonerated. But be prepared to be treated as the bad guy. Do not speak to the cops. Ask for your attorney before answering any questions. Yes, you are probably right, but do not answer any questions. Secure the weapon you used, and put your shoes on - you are going for a ride.

Answer 10

If you believe that you or your families life is in jepordy, you have all rights to do what you feel is necessary to defend your family and self. Remember this: "I would rather be tried by 12 than carried by 6."