Oldmarksman,
Having spent a bunch of years behind a badge, im VERY aware of when an arrest can be made. Im also aware that a lot of things are "illegal". Shooting anyone is illegal, but may be JUSTIFIED in certain circumstances.
I dont think digging into the weeds over the legal aspects is good for the reader at large. You have asserted that if a homeowner points a gun at someone that turns out not to be an intruder, the homeowner is in some kind of legal trouble and can expect to be arrested.
I beleive this to be false and dont want a reader of this forum to hesitate to do so, based on the false belief its a criminal act.
Lets take the WML out of the equation for a moment.
Its 12noon... Bright, sunny and well lit inside my home. I hear a noise from a spare bedroom and go to investigate. I observe an unknown (to me) male, climbing in a widow. I draw my pistol and yell for him to stop. Wherupon, my Daughter screams "dont shoot...thats my boyfriend!!"
Parenting aside, have i done something that is not justified? Has a crime been commited? If the boyfriend calls 911, can i expect to be arrested? Charged? Convicted? I say NO to all the above.
The situation is the same in the dark with a WML.
Are there other options that might mitigate the possbility of the "boyfriend" calling 911? SURE, but the fact is its not going to end up with me sitting in jail if i point my gun at someone i believe to be an intruder...regardless if that turns out to be a mistake of fact
Having spent a bunch of years behind a badge, im VERY aware of when an arrest can be made. Im also aware that a lot of things are "illegal". Shooting anyone is illegal, but may be JUSTIFIED in certain circumstances.
I dont think digging into the weeds over the legal aspects is good for the reader at large. You have asserted that if a homeowner points a gun at someone that turns out not to be an intruder, the homeowner is in some kind of legal trouble and can expect to be arrested.
I beleive this to be false and dont want a reader of this forum to hesitate to do so, based on the false belief its a criminal act.
Lets take the WML out of the equation for a moment.
Its 12noon... Bright, sunny and well lit inside my home. I hear a noise from a spare bedroom and go to investigate. I observe an unknown (to me) male, climbing in a widow. I draw my pistol and yell for him to stop. Wherupon, my Daughter screams "dont shoot...thats my boyfriend!!"
Parenting aside, have i done something that is not justified? Has a crime been commited? If the boyfriend calls 911, can i expect to be arrested? Charged? Convicted? I say NO to all the above.
The situation is the same in the dark with a WML.
Are there other options that might mitigate the possbility of the "boyfriend" calling 911? SURE, but the fact is its not going to end up with me sitting in jail if i point my gun at someone i believe to be an intruder...regardless if that turns out to be a mistake of fact