I was just wondering that if one's house or property is being intruded upon, does one have the right to fire a gun at the perps? What are the legal issues regarding the case.
2007-10-12 07:04:46 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Common question here but a good one.
It all boils down to what a reasonable person would do. If a reasonable person is in fear of death or serious bodily injury then they are allowed to use lethal force (i.e. a firearm) to defend themselves. You are also allowed to defend others in this situation. This is not a hard and fast rule. The courts have a problem with people who fail to try to retreat from a situation. So if you are able to run away from a situation the courts want you to try to do that. However, if you are in your house then the need to retreat is not examined by the court.
For example:
-If you are walking down the street and some fool pulls a knife while standing twenty feet away from you and tells you he is going to cut you and you can retreat into a store or your house or down another street then the courts want you to try to do that before shooting the bad guy. If the same guy pulled the knife right in front of you then the courts may not have a problem with you shooting him sooner.
-However, if you are in your living room and the same guy barges into your house with the knife and says he is going to cut you then you can shoot him. You don't have to try to leave the room, lock yourself in a bathroom, run outside, or anything.
Courts can be quirky and you can bet that if you shoot someone (or kill them some other way) that you are going to be investigated. You may even be brought before a grand jury even if the shoot was valid. You could also be sued by the bad guys family even if he was all kinds of wrong when you punched his ticket.
2007-10-12 07:28:16 · answer #1 · answered by El Scott 7 · 1⤊ 1⤋
This is going to depend on what state you are in. I'm in PA and no matter where you are, the law really basis itself from the standard of your safety. Is your life or the life of others endangered, if the answer is yes then more than likely you will be able to show a reasonable person(people of the jury) that you had a right to defend yourself. Now if the person is not a threat, I would not shoot, you will probably be in trouble. Hope this helps. There is a wise saying not of my own though, "That I would rather be judged by 12 then carried by 6." Words to think about.
2007-10-12 07:19:03 · answer #2 · answered by The Cleaner 2 · 2⤊ 0⤋
State laws will vary greatly on this issue, but GENERALLY, you can fire ONLY if a person's life is in imminent danger. This means, if you simply find an intruder and as soon as they see you then turn tail and run towards the door, no you cannot shoot. Deadly force is usually justified only to protect life, not property.
2007-10-12 07:11:12 · answer #3 · answered by jurydoc 7 · 0⤊ 0⤋
That depends on the nature of the intrusion and the state you live in. For example in Oklahoma if someone breaks into your house and you feel that your life or the lives of you family members is in danger. Then you are justified in using deadly force. However, deadly force should always be the last step. Many times simply saying something will cause the intruder to flee.
2007-10-12 07:09:31 · answer #4 · answered by Anonymous · 4⤊ 0⤋
It depends on where you are. Usually you can shoot if you or somebody else is in mortal danger. You can't shoot the guy in the back or if he is trying to leave though. Only if you feel your life is being threatened. You should be allowed to shoot anybody that breaks into your house, no questions asked,but for some reason you can't. I have even heard of people being sued by people who broke into their house and got hurt. Not sure if it really happened, but I have herad it more than once. check your local laws.
2007-10-12 07:14:14 · answer #5 · answered by Scott B 4 · 1⤊ 0⤋
a minimum of 14 states have revised their regulations to make particular that folk don’t could retreat from an attacker. those states are: Arizona, Florida, Georgia, Indiana, Idaho, Kansas, Kentucky, Louisiana, Michigan, Oklahoma, South Carolina, South Dakota, Tennessee and Texas, in accordance to the NRA.
2016-10-20 06:58:06 · answer #6 · answered by svendsen 4 · 0⤊ 0⤋
In most states, you MUST be in fear of your life, serious harm, rape, or to protect another person from same. In Texas at night you used to be able to use deadly force to protect property, not sure if that is still the law there. In some states now you don’t have to retreat from a criminal who is treating you if you can, in others you must avoid using deadly force if another way is possible. 51 different set of state and federal laws in the US, so you need to know what your state allows.
2007-10-12 07:14:23 · answer #7 · answered by Magic Matt 4 · 1⤊ 0⤋
Do a search for 'Castle Doctrine.' It will show you how all the laws should be written. Florida has it. California has tried for years to pass a law that says the homeowner must 'have no escape option before using force' LOL thank god it gets vetoed every-time it comes up.
2007-10-12 19:59:25 · answer #8 · answered by Reston 3 · 0⤊ 0⤋
Bat,
You'll have to check state law on that one. They differ. Here in Texas, you do, but I know in other states, it's only if the intruder poses an immediate threat or something like that.
2007-10-12 07:10:01 · answer #9 · answered by ? 2 · 3⤊ 0⤋
If you can prove that your life or anyone's life in the home were at jeopardy, then shoot to kill. If you have the option to run away, then it is usually hard to justify texturizing your walls, carpet and furniture with their inner workings with your 12 guage. Good times!!!
2007-10-12 08:11:51 · answer #10 · answered by Anonymous · 0⤊ 0⤋