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No I don't believe so. You must have a lethal force offered first. If the intent on the bad guys part is to steal items like tv's sets, and entertainment systems, jewelery and etc and you kill him, you will be tried for murder.
If the bad guy comes at you with a base ball bat then you can stop him by any means required with no limits.
You can't shoot to wound or shoot to kill, just shoot to stop. If that ends up killing the bad guy well it just does.
The main point is the bad guy must be armed and more or less making a display to brandish his weapon of choice.
If that is a bat, or club, you can select any weapon of your choice. Mine is a 12 ga. 1st, and a .45 2nd.
No I don't believe so. You must have a lethal force offered first. If the intent on the bad guys part is to steal items like tv's sets, and entertainment systems, jewelery and etc and you kill him, you will be tried for murder.
If the bad guy comes at you with a base ball bat then you can stop him by any means required with no limits.
You can't shoot to wound or shoot to kill, just shoot to stop. If that ends up killing the bad guy well it just does.
The main point is the bad guy must be armed and more or less making a display to brandish his weapon of choice.
If that is a bat, or club, you can select any weapon of your choice. Mine is a 12 ga. 1st, and a .45 2nd.
Anyone that forcefully enters your home is a threat to you and your family, you are within your rights to shoot, I know I wouldn't strike up a conversation about ones intent before I fired. And you shoot to kill, you do not shoot to wound or to stop, you shoot to kill. The intruder does not have to be armed, he is in your home, your within your rights to shoot them.
In many states today YOU will go to jail for killing a burglar in a home invasion
whether he has a weapon or not.
The laws are on the side of the criminal nowadays.
This is particularly true on the east coast or California where the 2nd
ammendment is all but banned.
In places like TX, NM, or AZ you can gun a man down for tresspassing.
The mountain states are also much more lenient on self defense.
That said, you had better have a plan on what to do
with the body of the assailant after you take him out.
I don't think anyone is going to miss the perp without
incriminating themselves if they had prior knowledge.
Dave if you ever go to a court of law you will have shot to stop. If you tell a jury you shot to kill, you will doom yourself to a harsh sentance, after all you told the bad guy to stop, he didn't so you stopped him, forever, if it happens that way.
If you choose your words wisely as the cops ask questions you might not even get a free ride down town. I been there. There is one bad guy that will not bother anyone ever again.
My bad guy never made it in the house. He was still outside with me on the phone. The cops heard it, while telling me they were not my personal body guards, stating that no crime had been committed.
The bad guy took it as i would not shoot, but I guess he took it wrong. I lived on a dead end street and had a wife all upset and a infant screeming, while my dog stood between me and the bad guy. The bad guy advance brandishing a club (goddamned fool)
Turned out he was a x con, wanted for 6 more bench warrents concerning drugs and violence, and I guess I was supposed to be next.
Dave, if I had my way, every judge, lawyer, and member of the paroll boards that released that creep, would still ALL be in Prison today. I am sick to death of this failed system of injustice and their nonsence paroll set up. They treat it as if it were catch and release.
A person is justified in using deadly force upon another person when he reasonably believes that such other person:
(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense; or
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
Quote:
Originally Posted by Mac_Muz
Dave if you ever go to a court of law you will have shot to stop. If you tell a jury you shot to kill, you will doom yourself to a harsh sentance, after all you told the bad guy to stop, he didn't so you stopped him, forever, if it happens that way.
Agreed, my point was to make sure there's only one side to the story, yours.
Well the other side is, you can shoot to kill, shoot to maim, or shoot to wound, so long as the judge is several coyottes
Bad guy feeds dead bettles, and for all anyone knows, he just went missing.
In general that's called murder.
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New Hampshire
