Penal Code 198.5 - Right to Shoot an Intruder in Your Home (Brea: purchase, legally)

[HB2HSV]

Originally Posted by Kevroqs

Would you let them break in and steal your TV, computer, jewelry, etc... that you spent your hard earned money on?

Your hard earned money is no excuse to take a human life.

[Ruth4Truth]

Originally Posted by Kevroqs

Would you let them break in and steal your TV, computer, jewelry, etc... that you spent your hard earned money on?

I can afford homeowner's insurance. Sorry to hear about your lack of coverage.

[Tulemutt]

Originally Posted by HB2HSV

Your hard earned money is no excuse to take a human life.

Roger that ...

[Erratikmind]

Originally Posted by Kevroqs

Would you let them break in and steal your TV, computer, jewelry, etc... that you spent your hard earned money on?

I can easily replace purchased goods. However, if intruders pose to be a threat to my family and/or myself, I would proceed to stop the threat immediately.

[shooting4life]

Originally Posted by HB2HSV

Your hard earned money is no excuse to take a human life.

I guess the burglar doesn’t think his/her life is worth more than a TV or some jewelry.

[HB2HSV]

Originally Posted by shooting4life

I guess the burglar doesn’t think his/her life is worth more than a TV or some jewelry.

Material things can never replace a human life. Never.

As a responsible gun owner, I do not use the deadly force unless I feel my life or life of my family are in danger from the intruder(s). Material things can be replaced. When the police show up, the evidence has to be clear beyond reasonable doubt that you shoot because you were threatened and was in fear of your life. Remember the Michael Brown case, even as a cop you do not get the benefit of doubt in the court of public opinions.

Shooting is the easy part. It’s after the shooting your hell begins. When will this hell ends depending on the evidences and a strong defense because in this state both the DA and the public will want to make an example of you and will destroy your life. The “community” will crucify you if you’re a different race than the perpetrator.

As such, I do not shoot to kill. I shoot to stop the aggression that threatens my life of my family. There lies a big difference in court. When the threat stops, that’s when I stop shooting. The fact that the perp is barely alive or completely dead is immaterial.

[wilshire]

Originally Posted by HB2HSV

Your hard earned money is no excuse to take a human life.

You don't know what a criminal broke into your house for. They may have entered because they want your gold jewelry, they may rape your daughter when they see her sleeping in lingerie on her bed.

You have miliseconds to protect your family.

[wilshire]

Originally Posted by 1AngryTaxPayer

Probably a good time to post this. A year ago a relative of mine and I were hunting. We were in a hunting area during a hunting season and it's near the border so also a drug smuggling area. This hunter is female. Long story short, she got surrounded by some idiots off roading and went to position with her firearm as they wouldn't take their helmets off and well, surrounded her. The rest of us came back right when this was happening. She screamed and ran to us shaking like a leaf. They scattered and took off on their bikes. We were in an area with no phone signal. While were were heading back to camp we got mobbed by about every LE agency one can think of. Evidently these people drove out of the area and called 911.

After being interrogated the idiot LE agent wrote us a brandishing firearm ticket. So, at this point it became us against the State. We couldn't freaking believe it. We had to lawyer up because the DA could have threw it out but didn't. They also could have changed it from a misdemeanor to a felony. It went over a year and we finally got it discharged ONLY because the LE agent kept doing stupid crap and got themselves fired. Otherwise, who knows. It was going to get way more expensive, that was about the only thing static. This woman threw in the towel for hunting and even being out in the woods.

Guess what, we didn't get the 7 grand back. The court/DA also made her take a bunch of classes (firearm safety, etc) so that it didn't look like a loss for the State. We could have fought that but at what cost? Our attorney explained our choices at this point but she (my relative) wanted it gone.

Be very careful in CA when it comes to firearms. You are an enemy of the State here. The DA believed an incompetent LE agent over a single female, legally hunting with a firearm surrounded by strangers wearing helmets in a drug smuggling zone.

What county is this.

[wilshire]

Originally Posted by payutenyodagimas

just heard frm tv a lawyer that chasing robbers in the street and shooting them is not legal. no right to shoot to defend property outside your home

This is generally true. However, there has been cases where the burglar was running away, but turned towards the homeowner and reached for his waist as if reaching for a gun. In those situations, it was justified to shoot the burglar since it is reasonable to believe they were reaching for a gun to shoot you. THe law is on the residents side when there is a criminal break in.

[wilshire]

Originally Posted by CaliRestoration

Uh, that's just common sense and very basic knowledge. No one has a legal right in California to shoot someone down for stealing their lawnmower.

If the burglar is already running away and is outside of your house, sure you can't shoot them.

But if they are running away and they turn towards you and is reaching for their waist as if reaching for a firearm to shoot you, then you can shoot them.