What is the law? Shoot 'em or not? (attorneys, house)

[anifani821]

Now, we have had discussions about home invasions and what you can and cannot legally do to defend yourself and your family.

If you feel your life is threatened, you can shoot.

But another thread just brought this to mind . . . what if someone is outside your home and is tearing out your A/C unit . . . or is trying to jack your car? Can you shoot 'em or not? I cannot imagine just standing there and letting someone take my A/C apart, but the law seems to indicate (to me) that since they are outside, you don't have the right to shoot them cause they are not threatening bodily harm.

So what is the law? Any attorneys or LE on here who can advise what a homeowner should do? Cause I promise you, if someone is ripping out my A/C and I know it, I am gonna take the Mossberg outside and have a Come To Jesus Meeting.

[QC Misfit]

lol.. I wonder though who would win in court. A dead crook or a little ol' homeowner that felt there life was threatend!!

[anifani821]

Originally Posted by QC Misfit

lol.. I wonder though who would win in court. A dead crook or a little ol' homeowner that felt there life was threatend!!

One would think . . . anyone tearing up something on my property . . . does not have my welfare in mind. Maybe I could just shoot them in the legs.

[DawnW]

Considerning we have a NEW a/c put in......

But I don't own a gun.

I would be getting license plate numbers though as there is no way they can rip it off without driving up our extremely long and private driveway. I would be getting it as I was on the phone with 911.

Dawn

[southbound_295]

Ani, this is legal.... Google Freeze+P. You have to buy it from a police supply company. It was recommended to me by someone in law enforcement in East TN.

[black_fx_35]

I am not an expert (by any stretch), but I had my patio furniture stolen three weeks ago. When the Police came to get a statement, I ended up talking with them for about an hour. I do not currently own a gun, but I asked them their perspective, and they both encouraged me to take a class to understand the legalities associated with it. Basically there were three situations that I discussed with them (this is what they said):

1. Someone breaks into my house and I shoot them - I likely would not be prosecuted.

2. Someone breaks into my house, I hide in the closet, and when I hear them leave I follow them outside and shoot them while they are fleeing. I would likely be prosecuted.

3. Someone is attempting to steal my car (no direct threat to me), and I shoot them. I likely would be prosecuted.

Obviously, it isn't as cut and dry as this, but the principle is there....I think that's what responsible gun ownership is. An unarmed dude gets shot and killed while trying to steal an AC unit (or vehicle)...a jury of your peers would likely think that death was avoidable.

An armed dude is holding a gun in one hand, while trying to steal your vehicle, and gets shot and killed. There is obviously an eminent threat to your life in that situation, and a jury would likely be inclined to think that death was unavoidable. There are a ton of permutations here though....anyhow, I would be interested to see an experts advice on this.

[anifani821]

Originally Posted by black_fx_35

I am not an expert (by any stretch), but I had my patio furniture stolen three weeks ago. When the Police came to get a statement, I ended up talking with them for about an hour. I do not currently own a gun, but I asked them their perspective, and they both encouraged me to take a class to understand the legalities associated with it. Basically there were three situations that I discussed with them (this is what they said):

1. Someone breaks into my house and I shoot them - I likely would not be prosecuted.

2. Someone breaks into my house, I hide in the closet, and when I hear them leave I follow them outside and shoot them while they are fleeing. I would likely be prosecuted.

3. Someone is attempting to steal my car (no direct threat to me), and I shoot them. I likely would be prosecuted.

Obviously, it isn't as cut and dry as this, but the principle is there....I think that's what responsible gun ownership is. An unarmed dude gets shot and killed while trying to steal an AC unit (or vehicle)...a jury of your peers would likely think that death was avoidable.

An armed dude is holding a gun in one hand, while trying to steal your vehicle, and gets shot and killed. There is obviously an eminent threat to your life in that situation, and a jury would likely be inclined to think that death was unavoidable. There are a ton of permutations here though....anyhow, I would be interested to see an experts advice on this.

Hey, BlackFX!! Yeah, what you outlined is exactly the way I have understood it, too. What I was told years ago when I took a safety class was - even if someone is inside your house carrying out everything you own, if they don't have a weapon and are not threatening you, you are gonna be prosecuted for homicide if you shoot and kill them. I was told even if you are standing right there and they walk by you carrying your TV, you can't do a thing b/c both of their hands are on the TV - so how could they use a weapon against you?

I figured it was the same thing for an A/C or car. Like you said - if they are aiming a gun at me - now that is a threat, so even if I got charged w/ homicide, my peers would most likely feel having a weapon pointed at me was reason enuff to fear for my life.

Well. I guess firing the gun in the air is about all I could do. I could shoot the tires out of their car but honestly, the point would be to get them away from me and off my property so they couldn't do any bodily harm to me or my family.

[anifani821]

Originally Posted by southbound_295

Ani, this is legal.... Google Freeze+P. You have to buy it from a police supply company. It was recommended to me by someone in law enforcement in East TN.

That looks awesome! But is it legal here in NC??? I didn't think it was. But I have stayed mixed up about these laws since moving back here. Anyone know????

[Barkingowl]

Just shoot them & drag them into the house.

[black_fx_35]

Here is a great product too:

Kimber Guardian Angel Pepper Spray Gun
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