Posted on 06/02/2020 2:38:27 PM PDT by MrChips
I do own a gun, but it doesn’t get much use, and I am not up to speed on what the law allows. Here’s my question: Am I right to conclude that the right to shoot someone attacking you or your property depends on the state in which you live? For example, I have heard that in North Carolina, where I have friends who carry, an intruder must be inside the door of your home for you to have the right to shoot him; if he is taking an ax to your front door but he’s not inside your home, You do not have the right to shoot him. In Florida, however, there is a stand your ground law extending your right to shoot someone outside your home. What I am thinking about here, is the people who arm themselves in order to defend their local businesses from rioters and looters. If someone is throwing bricks at your store front, can you shoot? Or does he have to come in through the door as a looter, first?
You are correct - it varies by state. The “Castle Doctrine”, which ostensibly gets its name from the phrase, “A man’s home is his castle”, states that you may use deadly force if someone is in your home uninvited or is in the act of breaking into your home. In Texas, that has been affirmed by the courts, and extended to provide that I can use force, including deadly force, to protect my person, family and property from others.
Not going to research your state, but take my advice...if someone is smashing your door in with an axe, shoot them.
General rule of thumb; you need to have a reasonable fear that your life or the life of another is in immediate danger before you can shoot.
Some states also allow for reasonable fear of great bodily harm.
The law varies from State to State.
Don’t make the mistake of confusing the common law Castle Doctrine with a “Stand-your-ground” law. They are two separate things.
The Castle doctrine involves defense in your home (and in some states your vehicle or place of work), and at common law, there was no duty to retreat.
Stand-your-ground laws involve public places. In some places, you have a stand-your-ground right so long as you are not the one who provoked the attack. In others, you simply don’t have a duty to retreat.
You have to consult your State law regarding which applies.
Repeat after me:
“I was in fear for my life!”
1. Assuming you are going to stay in one state, the answer becomes obvious. Check your state’s laws and don’t listen to anyone here. The best intentioned could give you bad info.
2. If you think you are about to die you don’t care about what the laws say.
Here in Crazyfornia they generally have to be across the threshold and you MUST be in “Fear for your LIFE”, you can get away with blasting them as they crash through the door, but it better be evident.
Just Remember
I WAS IN FEAR FOR MY LIFE!! and Nothing Else is said without a Lawyer.
Great advice. Also, better to be tried by twelve than carried by six....
Yes, self-defense laws vary state-by-state. Confusing it even more, your city and county might vary on how vigorously they prosecute state law, as well as other ownership and storage laws.
Best advice, many gun shops offer a regular free or low-cost class on local laws. Look around and see if you can’t find one. Failing that, an hour with a defense attorney who is familiar with gun cases will be educational.
Or drag the body into your house in case he drops on your front porch!
Yeah, at least in Wisconsin fear of property damage ain’t gonna save you.
Reasonable fear for your life, ok. Blaze away.
But getting this kind of advice on the internet is, well, stupid.
Not just your state, but your county and city/town. For example, regardless of the laws, if you get into that kind of situation and you have a Second Amendment police/DA, there’s a damn good chance they’ll say “have a nice day” and that would be it.
But live under Blue government, you may well be perfectly in your rights to defend yourself, but that doesn’t mean that the cops/DA won’t make a ‘mistake’ and cost you a huge amount of money in attorney’s fees.
Correct and succinct.
I think there is a website devoted to those kind of questions but I don’t know what it is.
My Great Grandfather killed a man in Florida who had fired at him six times with a sixgun. He was convicted of manslaughter and sentenced to 20 years at Raiford. Apparently he should have counted the shots.
He was treated very well in prison and the Governor gave him a full pardon after a year. That was before Florida had a True Man law.
There are variations in self-defense law among the states, yes. But they are variations, not radical differences.
"For example, I have heard that in North Carolina, where I have friends who carry, an intruder must be inside the door of your home for you to have the right to shoot him;"
You've heard wrong. Your right to self-defense is not dependent on being in your house. In nearly every case, you must be facing an imminent threat of death or serious bodily injury before you can use deadly force in response, whether you are at home or not.
Every state has some form of Castle Doctrine, which only means that you are not required to flee from the threat, if possible, before using force. But it's not a license to use force that isn't justified.
"if he is taking an ax to your front door but he’s not inside your home, You do not have the right to shoot him."
Generally wrong. Taking an axe to your door will be pretty much guaranteed to be seen as proof that you were facing an imminent deadly threat. If you shot him while still outside it may or may not count as in your castle, depending on the state, but again that only affects whether you had a duty to flee.
One of the variations among states is just what counts as your castle. Some it is your curtilage or surrounding property. Some it will be only within your four walls.
"In Florida, however, there is a stand your ground law extending your right to shoot someone outside your home." Most states are "stand your ground" states. Which only means that the same duty to retreat you don't have in your castle, you also don't have in public. But all other requirements of self-defense must still be met.
"What I am thinking about here, is the people who arm themselves in order to defend their local businesses from rioters and looters. If someone is throwing bricks at your store front, can you shoot? Or does he have to come in through the door as a looter, first?"
Most states your business will also fall under the Castle Doctrine. But you don't get to shoot someone just for being there. It's not simply a matter of whether they come in the door. They must represent an imminent deadly threat.
Only say the following “L-A-W-Y-Y-E-R”
Don’t say anything more than that, ever!
Not to be snarky but if you are asking questions like this, you better enroll in a carry class. Then read up on your state laws. Then practice, get some carry insurance and practice. Then study your state laws and practice. In other words. Having an airplane don’t mean shitz if you can’t fly it. Take care and practice.
I agree, “ I was in fear for my life”, AND, don’t count your rounds, just go until “click!”, or the slide locks back!
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