My home was broken into last night. Did I do the right thing?

Status
Not open for further replies.
Creature, According to the Volusia County Deputy that informed me... I can shoot the fleeing home invader of some one else's home. As I stated I have the right to apprehend a VIOLENT felon suspect with ANY level of force needed.
Click to expand...

You would do well to hit the books and sight the laws for yourself before taking a sheriff's deputy at his word. Seriously.

You also need to learn the difference between "burgalry" and "home invasion", then see applicable laws regarding both.
 
Let's keep one thing in mind. The OP lives in Pennsylvania. What's legal in Florida, Idaho, Nevada, or anywhere else IS NOT GOING TO HELP HIM AVOID GOING TO JAIL!! Check out this link... and I hate repeating myself... for a PA lawyer's interpretation of PA law. BTW, the lawyer is very much into self-defense. He's a martial artist... AND a prosecutor. That makes him a pretty good source in my book.

The full article is at: http://www.ittendojo.org/articles/general-4.htm
 
You all should read the Supreme Court case Tennessee vs. Garner (1985). It has to do with shooting fleeing felons in the back to prevent their escape. The Court ruled that the fleening felon must pose a great enough danger to society to warrent the taking of his life. Pay close attention to the disenting opinion made by Justice O'connor where she states that the violent nature and terror of home burglaries justify killing.
 
Warrior poet:

I suspect we are talking to brick walls. They are going to thump their chests regardless of what is presented to them.
 
Aqeous, Just doin' my part I guess...
I have an awareness that once a BG gets away from you unscathed he is a bit more educated. Plus if he seen my gun he is likely to try to pattern my movements to make a breakin while I am away to procure my guns to sell for dope or use in a crime. Like in poker once you show yer hand you no longer have any edge.
Creature, I live in florida and here entry of an OCCUPIED dwelling is home invasion. I also am afforded the right to defend my self with ANY force based on the assumption that if they are inside they ARE a threat!
Burglary is theft... unlawful entry of a domicile/building is B&E. But if it is occupied it is HOME INVASION!
If they turn their back to leave are they coming back in an hour with my neighbors stolen "foetee"? This is a disyinct threat with todays deviant youth thinkin' they lost the battle cuz they ol'guy stopped them from finishing the heist with an order to leave or be shot. As soon as I know it is not family or an invited guest I shall not utter any more words nor give the poop their pants rack-a-shell warning from the mossy 500... it already has one on deck with 5 in the on deck circle... This ain't show and tell here folks. And if any "critters" (thanks law dog) read this and consider the possible ramifications of illegal entry than I done good!
Brent
 
Maybe if you shoot them with a .50 BMG, then there is no difference between the front nor the back.. just a big scattered mess like your meatball mariniara in the microwave that been in there cooking too long.

:D:D
 
Creature:

I'm going to guess by your signature that you're a Marine. (Past or present doesn't matter... Once a Marine, always a Marine.)

As such, I find it a little scary that two Devil Dogs are the ones calling for restraint. Really makes me wonder...
 
Creature I am busy reading "murphy was a grunt" archives right now. My dial up speed is under 14KBPS so if you want to learn it I prefer to send folks to "google". Florida gun forum is a place full of answers too. What the castle doctrine did for us was multifold and among the benefits is we no longer have to retreat nor be attacked to "use lethal force"... BTW I ain't defending my paltry sum of goods I am defending myself against someone who invaded my home and if they run I will chase them down so the lawmen can get them off the street so they don't come back. If this happens to also remove a home invader from threatening my neighbors GREAT...
Brent
 
Tell me if my timing is off here--

You heard the dog bark. You're on your way downstairs when you hear the alarm. When you get close to the front door, you see the guys running out with your rack of cues. I'm assuming you have a--what, 30 second delay once the alarm is tripped before it goes off? It sounds to me like the guys knew exactly where to go for an easy grab of expensive stuff to make a quick getaway, so they either had inside knowledge, or had somehow cased your layout previously. You choose which one sounds more reasonable.
Click to expand...

The alarm goes off immediately, no delay.
Click to expand...

So, the dog is barking and they are still outside. They break in and immediately the alarm sounds as you are already coming downstairs. By the time you see them, they are already running out the door with your cues. That sounds even more like they knew exactly where to go and what to grab. How did they know?

BTW, you did the right thing.
 
Response to hogdogs

I was kind of speaking metaphorically since we are talking about shooting a fleeing suspect after he had already exited your front door . . .

But by all means shoot away . . .

Florida probably won't care . . . it is after all America's wang . . .

At present in Florida it is now also entirely legal to use deadly force out on the street too if you at all feel your life is threatened. (though actually proving that not with standing.) Before leaving a potential confrontation was the assumption of the law but not anymore . . . so argue, P-off each other, have it escalate, go for the glove box, and blow each other strait to hell if you so desire. Hey . . . it's legal now . . .


FOR: the conceal and carry crowd: just to make clear this is not the normal conceal to carry stipulations. This is something different all together about this particular law that had all the anti-gunners fearing there would be war in the streets a little while back. Just thought I'd clear that up before anyone blasted me about it . . .
 
aqeous, With any and all due respect... violent crimes have not escalated since the castle doctrine and similar laws went into being. Just as many thought open carry laws would result in wild west shoot 'em ups daily it was quite the opposite. Now if you have "don't shoot... gun free zone" stickers on your bumper or front door you may well be a target. But otherwise it is a brazen thug to just randomly pick a florida home or driver to victimize. If you are a good enuff shot it ain't too hard to prove it was a justified use of lethal force...
Tongue in cheek or not... I left the HIGH CRIME region of central Florida for a much more sedate way of life. No chain saw? Oh well go get junior and a few boxes of shot shells and cut down that dead tree... Leave shells lay... I don't think you are ever more than 25 feet from a spent shot shell... My 30 pound pit cross will die for me but not my stuff so I tend to keep her with pups as she will go ape chit on a stranger over them!
We rednecks do what we must...
Brent
 
Creature, Dude you are just wrong, ask any respectable law enforcement agency and they will all tell you the same thing. You can do everything within reasonable means to protect your property or belongings. Everything that I've stated that I would do is perfectly in the realm of my rights, go back and read my posts again, obviously you're not getting it. I never once suggested that I would shoot a fleeing suspect, but I will do everything in my power to see justice brought to the perpetrators and my things returned. I would love to be a thief in your house it would be some easy pickins, because god knows you wouldn't do anything to stop me. You would be afraid I might sue. The fact is I would be in the right and you are wrong my friend., end of story.
 
If I remember correctly from what I read in PA law you can shoot in protection of life and property, however you still did the right thing.
 
Benny, you really should learn more about the law. Regardless of whether your state is one of the few which allows defense of property, the actions that you claim are "within my rights" are clearly not. Try explaining how suspects fleeing in an automobile pose a threat to you.

I may have shot out the tires or fired at the rear end of the car/van mainly to give the police some positive ID on the vehicle, and try to remember tag numbers as well.
Click to expand...


All of these actions are completely within my rights because the law says you can use whatever means necessary to protect your property or belongings, with the exception of deadly force.
Click to expand...
What part of shooting at an automobile do you think is not deadly force?
Some of you really need to learn your state's laws and to understand that the law is only half of what you need to know. The other half is case law precedent. Some of you are real scary.
 
Lurper, you as well are wrong. If you don't believe me check with your local law enforcement and see for yourself. The point is if someone breaks in my house to steal or whatever they are in danger of being shot, it goes with the whole burglar territory. True, I would never shoot anyone in the back, but they're not getting off scott free either.
 
Response to hogdogs

No Florida did not turn into the wild west . . . I did not suggest that it did. This thread is speaking to a mans peace of mind.

We all have our views and our individual ways that we value life. I will not kill a man over neither warped pool stick or a crayon. If I use my means to defend myself it will be against a direct threat against either myself or my loved ones. Shooting a man that is about to disappear out the door in my opinion boarders recklessness, if not for any other reason than YOUR FIRST order of business should be clearing your home of other potential threats--not hightailing down the street shooting at two fleeing men that may or may not be armed as well.

But thats just me.
 
I would blow his back out his belly??? you are either a chest beater want to be or not very bright! I taught him a lesson, i blew his ass away. Now bubba is my room mate for the next 20yrs and he thinks i am cute Not very smart
Click to expand...

Your opinions.
 
The only state I know of that will allow such shootings, fleeing felon in the back, on b&e is Louisiana, since it's based on Napoleonic code, that puts property over persons, unlike the other states of the union.

However, that said, DA's, and police in Louisiana often bring their liberal-facist training to the state, and don't bother to enforce the laws as written(see New Orleans gungrab by police, and DA failing to return firearms).
 
Status
Not open for further replies.
Back
Top