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To: old curmudgeon
We're discussing such a case. Problem is, the bad guy did the shooting, and killed the innocent citizen.

in my state the LEO’s would take the position

In most states, the official "LEO" position is that mere "civilians" should curl up in a fetal position, let the bad guys murder, rape, and rob them, then call the skilled trained professionals (hah!) to take a report.

And you don't seem to know what "flames" are ...

186 posted on 10/16/2019 9:42:53 AM PDT by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: NorthMountain

The law in most states is clear that you can not shoot a person just because he is in your back yard.

The way the question was framed, the occupant of the house would have shot first. Therefore there was no immediate threat and the shot would have been unjustified.

Now on the other hand, had the shooter in the yard shot and missed, I suspect that self defense would be a justified position. However what would happen in court would be a crap shoot, pun not intended.

I suspect a hot shot prosecutor would take the position that the shooter missed and that all the homeowner needed to do is get away from the window and call for help.

Remember, Nyfong was not the only unscrupulous prosecutor.


187 posted on 10/16/2019 10:33:51 AM PDT by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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