I heard of this in Mountain Home, Idaho and Knoxville, TN. Doesn't this send a message to criminals that it is OK to rob someone at home? The homeowner in Idaho was in a wheelchair, and the home invader got off scott free.
2007-10-04 04:08:00 · 9 answers · asked by Gilligan 1 in Politics & Government ➔ Law Enforcement & Police
Well, I'm not sure about Idaho, but I'm from Tennessee and this is not common practice. Tennessee as well as many other states that allow citizens to carry firearms on their person, have recently inducted the "Castle Doctrine." Florida was the first to do this. The name is so, since it started centuries ago when Kings, Lords, Dukes, etc. made it a law that they legally kill anyone who succeeded, attempted, or even looked like they were going to try to break into their castle. NOW, here's how it works in the U.S. If anyone is trying to break in to your home and especially if they are an immediate threat to you or your property/family, you can shoot them. In other words, you can kill them with no charges brought against you. If they are already in you home, you can defend yourself by any means necessary, and that right was in place long before the "Castle Doctrine" was amended. I know that in Tennessee, we are allowed to carry firearms openly in public upon completion of a weapons carry permit certification. If someone is threatening the life of yourself or another, you can eliminate the threat by any means necessary as long as they are still an immediate threat. If they are running away from you, even if they just shot your wife, the threat has passed and you can no longer shoot them. I would personally try to fight that one in court, but that's the way the law is printed.
Hope that gives you a little more insight.
2007-10-04 04:28:12 · answer #1 · answered by Gin Yass 2 · 0⤊ 0⤋
It depends on what you mean by defending yourself. If someone breaks into your home and threatens you with death or serious bodily injury, you can respond with the amount of force necessary to stop the threat. And by threaten, I don't mean that they verbally say they'll cut your throat from 20 feet away. They have to have the means (knife) and opportunity (proximity) to carry out the threat.
Simply stated, you cannot shoot someone for simply breaking into your home. That being said, there are some states that have something called the Castle Doctrine which means, in essence, your home is your castle and you have no cause to retrat from a threat and can stand your ground.
2007-10-04 06:42:41 · answer #2 · answered by dmg1969 5 · 0⤊ 0⤋
Most likely not. I would be surprised if a Jury would convict someone for defending themselves.
Depends on where you live , some states you can shoot and ask questions later , some states you have to be more threatened
2007-10-04 04:16:52 · answer #3 · answered by TyranusXX 6 · 0⤊ 0⤋
It depends on your state laws as to what is allowed.
In all you can take reasonable steps if you are in fear of your life (or serious bodily harm, or rape) or of the life, ect. of someone else.
No state lest you booby trap your house.
Florida has very GOOD laws on personal protection.
Texas used to let you use deadly force at night on your own property even just to protect property, but I think that has now changed.
2007-10-04 04:19:38 · answer #4 · answered by Magic Matt 4 · 1⤊ 0⤋
Wow, lots of specifics missing from this question. If you kill someone who is inside your home, but is running toward the door once they discover you are there, then, yes, you can be prosecuted. You can protect yourSELF from harm, but not your possessions with deadly force. Without more details it is difficult to give a more precise answer to your question.
2007-10-04 04:26:45 · answer #5 · answered by jurydoc 7 · 1⤊ 0⤋
You can thank people like the ACLU for stupidity like this. Case in point, don't shoot to immobilize, go for the money shot. Can't sue if they can't breath.
2007-10-04 04:20:56 · answer #6 · answered by lonewolfe38652 6 · 0⤊ 1⤋
In America anyone can go to jail for anything. Like OJ Simpson who went to recover his own belongings which were stolen from him and now he is being charged with each and every crime in the book. However real thieves are free and well.
2007-10-04 04:19:55 · answer #7 · answered by Anonymous · 0⤊ 4⤋
Depends on how much force you use, you can only use deadly force when confronted with deadly force!~!
2007-10-04 04:14:56 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Shoot to kill, ask questions later.
2007-10-04 05:56:26 · answer #9 · answered by Anonymous · 0⤊ 1⤋