Homeowners ‘have right to meet burglars with force’

Irish Examiner ^ | 22 December 2006 | Vivion Kilfeather and Paul Kelly

[kerryusama04]

Thank God courts don't decide our rights over here.

[Coleus]

thanks for the info.

from what I was told that in Louisiana if an UNARMED person rang your bell and you shot him dead as a homeowner did in with the Japanese exchange student who had the wrong address you will NOT be charged and in NJ if an UNARMED person broke into your home and you shot him dead even though you had a chance of egress, then the homeowner will be charged of a crime.

[Coleus]

Thanks for the info.

I am only going by what a lawyer friend of mine told me. More info. on post #62

[MelonFarmerJ]

Years ago, Albert, a dear friend, related this story to me. He and his family, given the hot summer nights, slept with the house opened up. Being a light sleeper, he awoke one night to hear someone prying open the back screen door, then the squeek of the hinges, and then footsteps advancing down the hallway. Albert reached over next to the bed, quietly picked up his 12 gauge pump and loudly racked in a load. As we all know, pumps have that distinctive, one of a kind sound, an unmistakeable audio prelude to what will happen next, particularly to a miscreant in a strange, dark, quiet house after midnight.

The upshot was that Albert had to replace the screen door the next day, as it was removed from its frame by the miscreant on his way out.

[ma bell]

All you say is you feared for you life.

[Gaffer]

There's the 'other' alternative....you could "Dexterize" them.

[SauronOfMordor]

I have to assume you bloodthirsty folk have never killed a human being. If you should kill an unarmed kid who meant you no physical harm, you will be surprised at what a sh&t you will feel you are, whatever the Law says.

The problem with your viewpoint is that it is likely to get the homeowner killed. Given a choice where you either shoot the burgler upon encountering him, or allow him the opportunity to kill you, I would think many people here would take the first option

I've taken some training in these scenarios. One fact of life is that action beats reaction. What this means is that, even if you have your gun out and pointed at the bad guy, it's feasible for him to draw, fire, and hit you before you have the chance to react to his motion, if your attention is even momentarily distracted (like looking at the phone to call 911)

A 14 year old can kill you just as dead as as a 40 year old. And the 14 year old has the advantage of being much faster

[SauronOfMordor]

Agreed, but a competent jury will recognize that. To shoot a would-be burglar in the back when he's fleeing without any loot might be understnadable or it might be excessive force. Who better to determine that than a jury of your peers? Certainly not a politician writing a potential addition to the Criminal Code in his office.

Defending against a murder prosecution will financially ruin the average middle class homeowner, even if he wins. And if you are a resident of a neighborhood where the jury is likely to be of an ethnicity other than yours and the same as the burgler's, you have no certainty that the verdict will be favorable even if you are in the right

When a burgler turns his back, you have no certain way of knowing whether he's turning to run away, or to get to cover where he can return fire. You have no certainty that he will not encounter a family member on the way out, and decide to take a hostage

[SauronOfMordor]

I'm with you on that, Dave. Too quick on the trigger has caused the death of too many innocent loved ones, just sleep walking or stumbling to the bathroom in the dark. I would prefer being killed by an intruder,over having to live the rest of my life with the death of a innocent friend or relative, at my hands, on my conscience.

I agree with you there. You must first be certain of who or what you are about to shoot, and ensure it's not a family member (or your daughter's boyfriend)

[F.J. Mitchell]

BUMP.

[Wormwood]

You must first be certain of who or what you are about to shoot, and ensure it's not a family member (or your daughter's boyfriend)

Depends on the boyfriend.

[SauronOfMordor]

Believe me, I understand fully