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I Googled around a bit and found this area of law varies greatly from state to state. In Texas, almost anything goes -- as the video shows. In CA, you can shoot inside your home, but I think you can't shoot if they're fleeing. Also, it used to be that the perp or perp's family could file a civil suit against you for injury (here in CA), but I think they passed a bill a few years back that stopped that. Not sure... Some states, I think it was Missouri...was very conservative about shooting anyone, but they were working on new laws.
In general, all states have some form of a "hold harmless" law that protects homeowners in just such cases. If it's found to be a justifiable shooting you are safe. Also, manyl states have some form of "castle doctrine" law. There are also "no retreat" laws which means one is not required to retreat before shooting someone.
I better research the law in NM, since we're moving to Eldorado in June!!
EDIT:
Did a little more looking....found this from the ABQ Journal - Feb. 2008 (reprinted on the site I linked): http://www.freerepublic.com/focus/f-news/1975152/posts
Looks like inside is OK, but outside it gets a little "iffy".
According to that Wikipedia page, New Mexico is one of only five states that does not have any "castle law" in effect:
Quote:
New Mexico Section 30-2-7A NMSA 1978 provides that a homicide is justifiable when committed in the necessary defense of property. Although this statute has been a part of New Mexico law since 1907, the New Mexico appellate courts have never given the statute a broad interpretation. The New Mexico courts have consistently held, not always referring to the statute, that one cannot defend his property, other than his habitation, from a mere trespass to the extent of killing the aggressor. State v. McCracken, 22 N.M. 588, 166 P. 1174 (1917); State v. Martinez, 34 N.M. 112, 278 P. 210 (1929); State v. Couch, 52 N.M. 127, 193 P.2d 405 (1946).
Last edited by mesaverde; 04-23-2009 at 02:29 PM..
I had an individual attempt to break in one night.
He was attempting to pry my garage door open. I ran outside, he fled, and chased I him for about three blocks, at which point I finally caught and tackled him to the ground. Someone must have heard the yelling during the chase and called the police, who were immediately on the scene. They cuffed him, stuffed him and kindly gave me a ride home, as it was winter and I did not have time to put my shoes on before going outside.
Well. I admit I was surprised at 7:22 a.m. but I have been seeing this all over the place all day today:
And yes, the law says you can't shoot someone fleeling your house ... but I believe at the time she fired shots, the other guy was still inside of her house .... and we don't know if she felt her life was in danger.
I think if a case like this went to trial, it would not be so easy to find her "guilty" -- a woman at home alone .... and two intruders break into her house. And there is no police department out here, so she may have already known it might be quite a while for the Santa Fe County sheriffs to arrive. I don't see this case as cut and dried. I think a LOT of juries might feel she was justified. Like the man in Texas, Joe Horn, I would be inclined to shoot.
Just one other bit of information; this did not happen in Eldorado (though it certainly could have.) This happened at one of the other subdivisions along Hwy 285. The news media likes to call this the Eldorado-area.
Vinegaroon said:
----------------
> I noticed that the woman said she was firing at one intruder as he fled
> her house, and that as she shot, he might have fell. If this man dies,
> the woman very likely would be charged with murder.
The woman said:
----------------
"Gallegos said she was afraid he was going to retrieve a weapon, ..."
That should be enough to get her off. (should be) Might not be.
In the referenced article,
Undersheriff Robert Garcia said:
------------------------------
"It could be that people are getting fed up with their houses being broken into," he said. "Hopefully no one will get hurt."
Yeah, I hope no one gets hurt. If some burglers get killed, well, that's OK.
Just be sure to shoot them inside the house or have the entry wound go through the front.
Brains are such a pain to clean off woodwork though. It's better to do it on a tile floor.
I cannot imagine what it must have been like for that woman to confront that burglar! He lunges towards her and only when he saw the gun did he high tail it out of there. THANK goodness she had one and was ready to use it if need be....who knows what could have happened to her.
I keep trying to imagine if I could have done it. I guess you can do whatever it takes during the situation, with the adrenaline flowing.
You have to imagine and prepare for what you would do in advance.
Some just think the act of purchasing a gun is all it takes.
You have to know how to shoot it.
You have to know how to load it in the dark.
You have to be prepared to clean up splattered brain.
Why would you ever be loading your weapon in the dark? It should be locked and loaded with the safety on, or what use is it in home defense?
And if you shoot someone fleeing in your yard, you have to be prepared to sit in a jail cell awaiting trial for several months, if not years, unless you can make bail, you have to be prepared to sell your house you were defending to afford a competent lawyer, and if you lose because the jury applies the law even though you might have thought you were justified, you have to be prepared to spend some time in prison.
> Why would you ever be loading your weapon in the dark?
If you use up all the bullets in your clip and you want to fire some more shots.
> And if you shoot someone fleeing in your yard, ...
> ... [ ... deletia ... ] ... time in prison.
And the lesson learned by the above paragraph?
Make sure you shoot them whilst they are still inside of your house.
< and >
Make sure they are dead.
If you need to fire more bullets, you need to spend more time at the practice range. Anyhow, my home defense weapon of choice does not have a clip. I have a modified Remington 870 .12 gauge pump. If someone enters my house, they will be greeted by the distinct sound of a shotgun being loaded, and the next and last thing they will see is my tactical light shining in their face.
Did a little more looking....found this from the ABQ Journal - Feb. 2008 (reprinted on the site I linked): Iraq Vet Gets 2 Years in Death of Alleged Invader
Looks like inside is OK, but outside it gets a little "iffy".
It was an interesting long issue. Elton John Richard II chased the intruder/thief barefoot about a mile before shooting him in the back. He was found guilty of killing the intruder and sentenced to two years. Richard began his sentence which was later reduced by the judge, I believe by the prodding from Governor Richardson.
That was an unusual case and did not did make Judge Murdoch more popular.
Rich
Last edited by Poncho_NM; 04-24-2009 at 09:18 AM..
Reason: Correction
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