When do you get to shoot?

L

LASur5r

Moderator
In home defense I believe most of us would like to be able to legally shoot an intruder when we feel our lives and the lives of our loved ones are at stake.
But in reality, the laws in each state are different.

I believe that in Kalifornia, intent (to unlawfully enter your house) and belief that you or a loved one's life is being threatened with the possibility of being maimed, severely injured, or killed must be shown without a shadow of a doubt. In other words, either the physical evidence and/or a reliable witness to the events must be available. And even in this crazy state, you still might get prosecuted.

I'm curious, what do you feel and what does your state reg's state? (Check under your state's DOJ, under self-defense)
 
In Virginia they expect you to use any and all reasonable means to avoid confrontation. If you go upstairs and call the cops while holding a defensive position, and bad guy(s) pursue you, then you're well within your rights to shoot. If someone pops through your door, unarmed, etc., it's a gray area. If you find out later that the person was some poor mentally retarded kid who thought he was breaking into his/her own house, well, you're kinda screwed. The full breakdown is:

1. Ability: does the attacker have the ability to cause death or great bodily harm?
2. Opportunity: breaking into your house while you are there probably qualifies.
3. Jeopardy of death: were they aggressively coming after you? Chasing you upstairs probably qualifies.
4. Preclusion: could you have avoided? Being cornered in your house means you probably couldn't have.

Now a lot of this is easier to get past if it's in your house. It's the same set of standards if you're on the street, only the law expects you to avoid, or TAR (turn ass and run) if at all possible.
 
In Colorado State law says: "Make my day!"

Shoot the bastards dead.

You will not be prosecuted criminally and immune from civil suits.


18-1-704.5. Use of deadly physical force against an intruder.
(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using ANY degree of physical force, INCLUDING DEADLY PHYSICAL FORCE, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be IMMUNE FROM CRIMINAL PROSECUTION for the use of such force.

(4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be IMMUNE FROM ANY CIVIL LIABILITY for injuries or death resulting from the use of such force.

HS/LD
 
Laws aside, [and they should be] if someone enters your home without your permission and will not leave immediately upon being so ordered, unless some circumstance informs you that the intruder is not a threat (e.g., mentally unsound and confused) then understand that this is a bad guy, intent on bad things, and shoot until the threat is over.
Let the law be sorted out afterward.
Call the cops, don't use your "commando" voice, and say as little as needed to get them there fast. [E.g., "intruder, ordered to leave, continued to advance, shots fired, need an ambulance and police."] Tell them you'd love to cooperate, but need your attorney. Let him/her take it from there.

Evaluation time during a conflict is better spent thinking tactically, not legally, wondering if this will be a "clean shoot."
 
In North Carolina, it is legal to use deadly force to prevent someone from entering your house against your will if you fear the person intends to jeopardize your life. None of this "If you shoot him at the door, drag him inside before you call the cops" stuff.

In most places in NC, except for a few larger cities with politically ambitious DAs or police chiefs, use of deadly force against home invaders is just about always accepted. In one case with which I am familiar, a guy came home from work unexpectedly and discovered an intruder burglarizing his house, and shot the intruder dead. The sheriff praised his actions in the next edition of the local paper.
 
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