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?
Even a rookie detective on their first day would be able to figure out that happened.
1. An act which causes you to fear for your life and of your family ...you shoot. NO state can have a law disallowing you to defend your life. It is unconstitutional on its face. No DA is going to drag you into court when someone is breaking into your house. With that said:
2. As long as the forensics matches reality....you are good.
3. Lastly, the one who is still breathing at the end of the encounter, is the one who articulates what happened, and that is what the cops go on as a starting point.
I was just thinking the same thing about morons who give it.
You have a right to defend yourself. I object to the phrase”...the right to shoot someone.”
“That’s a great way to make SURE you get arrested.”
And if they can prove it (which they almost certainly can), you are going to prison.
In general, you need to fear for your life and you need to be sure you try to back up and try to avoid shooting the perp. This varies from state to state. In some states you do not need to retreat, but for your own good you should try to retreat before using deadly force. If it ever goes to a lawsuit it can greatly improve your position.
Also don’t use target loads in a defensive gun. Be sure to use hollow points they are safer and more effective.
F the law, protect yourself.
Some good advice here, some bad. You need to study the subject well and take a CCW class with a reputable instructor, even if you don’t intend to carry outside the home. You will get an introduction to the self-defense laws of your state. In general, the law in all states allows some degree for a person to use deadly force (not just firearms either) to protect themselves or another party from imminent grave bodily injury or death. The force is allowed based on the current level of threat...current as in the moment, not last week. Once the threat (not the living being) no longer exists, the ability to apply deadly force legally no longer exists. And the laws are not always identical between home, auto, work and public. Always be prepared for two battles. The first for your life. The second for your freedom.
What if they introduce themselves with a "Here's Johnny"?
In all cases, if a reasonable man would be CERTAIN he was going to die, he can use deadly force.
It gets trickier depending on the laws, and especially on the composition of the jury pool, as your level of certainty of death goes down.
Do you have a group of rioters who look like they are about to administer a serious beating to you or a loved one? One which may leave you hospitalized, crippled, or perhaps dead? You may fire, and your decision may be second guessed by the prosecutor, as to why you killed “an unarmed man”, and your legal costs might leave you bankrupt. Personally, I would shoot rather than take a beating, but I’m old and brittle.
Buy some time with a local lawyer to chat. It would be a good investment.
Make sure they are dead. Helps if you have a backhoe.Every person engaged in a home invasion should expect to die.
Most states are stand your ground states, which means you have no duty to retreat. But some are not and you should know which one your state is.
Apart from that, there are multiple elements of legal self-defense. A reasonable and objective fear for one's life is only one of them.
In New York State, when we had our yearly weapons training, the law said that if you had an avenue of egress, you must leave the premises without using deadly physical force. If you were blocked and unable to leave, and felt your life was in danger, then you could use deadly, physical force. An acquaintance many years ago was married to a domestic abuser. She got a restraining order on him, but he would still show up at the home. She’d call the cops, they’d come and tell him to leave. He’d come back. They told her that if she ever shot him, to make sure she dragged his dead body into the house before calling the police. Fortunately she never had to do that.
Earlier, I said that I would not shoot someone unless I absolutely had to.
I should have added that I have thought about it many times and am sure that I would do so if necessary. You really do need to consider that.
Here is a good starting point: https://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_by_state
Do you often seek legal advice, electrical problem solutions or marriage counseling on line from folks you do not know?
Thought not.
Go to a qualified self protection in /outside the home (NRA.org), pay for a course of instruction, get a proper firearm(s) and commence to train, practice and improve your skills, knowledge and ability to defend you and yours.
The best advice you’re likely to receive on any forum.
Regards
And I want my lawyer.
Then STFU, not another word.
This is a start in your research,
I highly recommend you search bonefide legal sites and state law sites for more details. Do not rely on some dude’s blog.
https://www.stowelawfirmnc.com/when-is-self-defense-actually-self-defense-in-nc/
bkmk
don’t just shoot, open the door shoot then drag his dead ass inside.
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