Can you shoot someone... (Portland, Hillsboro: crime, home, gated) - City-Data Forum

griz134 · 10-15-2009, 08:55 AM

who breaks into your house? If I'm home, and someone breaks into my house, can I legally shoot them with my shotgun or pistol? I always thought I could, but have heard it may be illegal. Some states allow you to shoot an intruder, but other states say you have to run out of the house. Does anybody know what the law in Oregon is? I think I should be able to defend myself, and my house.

PNW-type-gal · 10-15-2009, 09:54 AM

Oregon is not a "castle law" state - you can't kill someone for being in your house. I believe the requirement is that you must be or feel physically threatened (which is one of those interpretation things).

philwithbeard · 10-15-2009, 10:07 AM

Quote:

Originally Posted by PNW-type-gal

Oregon is not a "castle law" state - you can't kill someone for being in your house. I believe the requirement is that you must be or feel physically threatened (which is one of those interpretation things).

I would add...
...physically threatened at the precise and specific moment of pulling the trigger.

I don't think 'delayed reaction' counts much any more.

davefr · 10-15-2009, 10:55 AM

There are plenty of cases of property owners successfully using deadly force to protect their families and property.

However every incident will be investigated. If some kids are prowling outside your home and you spray them down with an AK47 then you'll have some explaining to do.

If someone busts down your front door and comes barging in towards you then that's easily explained as being in dire fear of your life and taking appropriate action.

Technically you're only supposed to use the least amount of force necessary to stop the crime but homeowners in fear of their lives aren't held to the same standards as trained law enforcement officers. Much more leeway is granted.

backdrifter · 10-15-2009, 02:59 PM

Don't you have to actually say something like "I feel threatened" before you shoot them too? If you shoot an intruder, say, in the leg... Can't they sue you for the damages? I've heard stories of things like that happening too...

davefr · 10-15-2009, 03:33 PM

Quote:

Originally Posted by backdrifter

Don't you have to actually say something like "I feel threatened" before you shoot them too?

Why?? They won't remember after they're dead

Quote:

If you shoot an intruder, say, in the leg... Can't they sue you for the damages? I've heard stories of things like that happening too...

Then your aim was off.

John Shaft · 10-15-2009, 03:57 PM

Actually, you are now mandated to serve them tea and then give them a guided tour of your house, pausing from time to time so they can take your things.

If they begin to physically assault you, however, you are permitted to say, "here now, stop that."

If you believe in doing anything else, you're just a gun-totin-religious nut-Rush Limbaugh listening-George Bush/Dick Cheney/Halliburton-anti-choice-toothless-redneck scum.

backdrifter · 10-15-2009, 05:05 PM

Quote:

Originally Posted by davefr

Why?? They won't remember after they're dead

Then your aim was off.

I know, but since this isn't a castle law state... If your aim is off, which is a total possibility realistically in that situation, these things could happen.

But anyway, my dad did teach me to shoot for the torso and shoot to kill if someone is attacking you and your life is in immediate danger and not to mess around with that "disarm them by shooting them in the leg or arm" stuff.

I guess if your life is seriously threatened, that is a good defense. But if they're not actively charging at you with a weapon, it probably wouldn't be a bad idea to yell something like "back away!" or "get out!" or "I'm threatened!" instead of just shooting them several times in the chest and stomach.

But I'm not familiar with the actual laws so I don't really know. All I know is you can't just shoot someone because they're on your property and trespassing. It has to be a life or death or perceived life-threatening situation.

PNW-type-gal · 10-15-2009, 05:18 PM

The spouse wanted me to get a concealed carry permit (for the long solo drives I often make) and I'd describe the class to get one more as "when you can and cannot shoot someone" than any kind of gun safety class, which is what it was billed as. In that instructor's view, you must be in clear immediate personal danger before the law is on your side. One of the women in class specifically asked what the law was regarding someone breaking into your house, and the instructor's answer was that the act of breaking in does not constitute immediate danger.

On the other hand, he told us some things that I KNOW are false (like having an Oregon concealed permit would allow you to carry in California - that's absolutely not true).

philwithbeard · 10-15-2009, 06:19 PM

Davefr:

Seriously, are you sure you are talking about the State of Oregon, City of Portland, in the County of Multnomah?
Seriously??

A county and community that is one of the most liberal and leftest in the entire USA? You would trust your fate in a trial with a jury pool from Portland and Multnomah County over what you THINK the castle-laws SHOULD be?? Good lord, did you ever grow a hefty 'pair'.

Now out in Washington county and the city of Hillsboro, well that could be a different jury pool.