I was debating with a friend the other day the legal options I have in the case that someone breaks into my house. Can you shoot someone with a firearm that breaks into your home if they are not carrying a weapon of any kind? What is over excessive force?
2007-07-31 03:26:35 · 20 answers · asked by twoshooter 1 in Politics & Government ➔ Law & Ethics
When I was a teenager living in Vermont someone broke into my house while I was asleep locked in my mother's room (she was away at the time so I was there alone). I was terrified of course, and as this was before cordless phones or cell phones, I just had to hope the person didn't try to force into the bedroom. He didn't because my dog attacked him, and as soon as he left I called the State Police. Since my mother was going to be gone for another three days and I would be alone, they said they would drive by the house as often as they could to try to deter, or catch the guy in action (We lived up a narrow dirt road out in the woods and the closest house was two miles down the road!). To protect myself since they couldn't be there all the time of course, they told me to find someone with a shot gun/rifle (or REGISTERED pistol/hand gun) to come and stay with me, and if the guy came back, as long as he had one foot in the door, to shoot him!! (In fact, the one Officer told me that he thought this guy was certain to do me bodily harm because he knew I was there alone and was so very isolated - the perpetrator had kicked the front door in the night before - so he said if I saw him outside to shoot him out there and drag him over the doorway! I wouldn't suggest this though!!) "A person has a right to protect himself/herself from bodily harm and protect their home" is how the State Police explained it to me, he went on to say "and if someone is forcing entry, their intention isn't just to get in there and say "hi!", they are breaking in to either steal, rape or kill, so shoot him". Of course that was about 26 years ago, and now the criminals seem to have more rights than the victim, so if you want an absolutely accurate answer, find out what the laws are for your state or jurisdiction. Take care and good luck!!
2007-07-31 04:03:36 · answer #1 · answered by AGT 4 · 1⤊ 0⤋
It depends on the law of the state. Believe it or not, "self defense" is only available as a defense if the statutes say it is.
When it comes to defending one's own home, some statutes say you can shoot without seeing a weapon or announcing your intent. Other states require you to retreat and abandon the home, if possible.
One thing is universal, you cannot set a passive trap. In other words, you can't rig a shotgun to blast anyone that opens a window, or have a spiked pit under the living room rug.
2007-07-31 03:37:57 · answer #2 · answered by open4one 7 · 2⤊ 0⤋
You have the right to restrain the intruder and protect yourself. However, if they are not armed it would probably be considered excessive force. My husband and I have debated over this many times...he says kill em and I say make them suffer. Honestly though if I were in a situation where it was just my daughter and I the legality of the situation but be furthest on my mind.
2007-07-31 03:46:03 · answer #3 · answered by Cynthia N 3 · 1⤊ 0⤋
You would have to have a believable reason that you HAD to take such drastic actions. There are many variances i.e.
size (intimidation), several local & freightening experiences to have you on edge already, # - you are out numbered, young age & vulinable, actual break in or they had walked in because the door was unlocked.
Due to an actual break in and he/she/they are inside your place, you have the right to defend/protect yourself & others in the house.
If your gun was involved, it better be registered too.
2007-07-31 03:40:15 · answer #4 · answered by Carole Q 6 · 1⤊ 0⤋
It depends on what state you are in - some laws allow you to defend life and property with deadly force, but others only allow the use of deadly force if your life or someone else's life is in immediate danger. In the State of Washington, you would have to prove that a reasonable person in the same situation would have felt that their life or someone else's life was in imminent danger to justify using lethal force.
2007-07-31 03:38:05 · answer #5 · answered by remowlms 7 · 2⤊ 0⤋
Excessive force would be to subject the individual to some type of torture while he is in your home. You would be well within your rights to defend yourself and family by shooting the individual. As the victim of home burglary, you have no idea whether the person has a firearm or not. As such, you have every right to defend yourself. So, who wins the debate?
2016-03-16 03:50:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
ALWAYS sleep with your cell phone on the nightstand (or under the pillow if you're really anxious abt the possibility of someting bad), within your reach while in bed. You hear a noise, dial 911 in 2 secons and report a break in. They'll be there asap.
2007-07-31 03:33:14 · answer #7 · answered by Anonymous · 1⤊ 1⤋
If I felt my life was threaten by someone in my home that was intruding, I would certainly shoot them. I have the right to defend my life, the life of my children and also my property. As long as your firearm is registered to you, I cant see you having a problem.
2007-07-31 03:31:45 · answer #8 · answered by M v 4 · 2⤊ 0⤋
WOW! If someoone would dare break into my home, while I was there, they sure would wish they hadn't picked my home, and they would probably beg me to call the police to save him. If I wasn't home and I would find out who dunnit, Jesus help him. I wouldn't press charges, and wait for him outside the court house if he was ever caught. I take martial arts, kick boxing, mixed brazilian martial arts, Karate. I wouldn't even chip a nail! Poor guy or girl!
2007-07-31 03:37:05 · answer #9 · answered by Hermosa bori 2 · 0⤊ 1⤋
All state laws are different - like it or not.
If you are really worried about this - do careful research. The right philosophy is not necessarily legally allowed.
2007-07-31 03:46:24 · answer #10 · answered by All The Answers 2 · 1⤊ 0⤋