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Can I shoot a person breaking into my car in front of my home legaly?
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Can I shoot a person breaking into my car in front of my home legaly?

I live in California and my car got broken into in front of my house parked in the street in the middle of the night.My driver side window was shattered and my stereo was taken. I have a firearm registered under my name, can I shoot the person legaly if I catch them breaking into my car without getting in trouble.


    




alygirl
Rating
No way. You better shoot and then drag them inside your home.


mortonrma
Rating
If you lived in Texas yes, but in Ca. no. You will go to prison charged with murder 2. With good behavior you could be out in probably 20 years. If you had a good attorney you could get man slaughter and be out in 10 years. If you get OJ's dream team of lawyers you will go free.


Taylor
Rating
No the person you shoot believe it or not can sue you.


SGT. D
Not unless he tries to kill you you don't.


jimmy
Rating
if you have a concealed carry permit and you were in the car and you could articulate that it was self defense then yes, otherwise, no


Kevy
Rating
NO. call the cops. get a security light installed facing your driveway with a extremely bright bulb. that should be a good deterrent


tmills883
No. The only way that would possibly be justified is if you were physically in the car and the person was threatening you. In some states a person can break into your house, and if you shoot them, you can still be prosecuted. They have to be trying to physically harm you, which I think is rediculous. In Texas, my home state, all they have to do is break into your house and they are fair game.


Dino4747
I am not familiar with California law, but here in Oklahoma you may only use deadly force when you or your family is in danger of death or great harm. Get a good description of the bad guy and call the police. For you to kill that person will probably mean you spend the rest of your life in prison. It isn't worth it.


fr_chuck
Rating
No, you can not shoot a person for merely stealing or breaking into your car.

You can only shoot someone if after you have tried to escate to safety if possible, and you can not escape and your life is in danger, then you can use deadly force.

If you even shoot at them and don't hit them, you will be charged with a crime, you shoot them, you wil go to jail, and the person you shot will sue you for what you own.


WC
No, deadly force is to be used against another person ONLY if the aggressor exhibits deadly force first. If you shoot this person who is not a deadly threat to you, you most likely will be arrested for manslaughter, if you kill him; or at best for illegally using a firearm/deadly force.


mikeysco
It scares me that you own a gun and are asking this question.

Do you think it's appropriate that someone should forfeit their life just because they're breaking your window and stealing your stereo? We don't execute rapists and child molesters, and hopefully you feel that those crimes are a little more serious than someone stealing some of your property.

No, you can't shoot someone because they're breaking into your car. And I would rush past others to arrest you for doing so.

I'm just hoping you're not serious about even *wondering* if this would be okay.


ascendent2
So Sorry, that's a big NO NO. Some places you have to be cornered with no way out in order to shoot someone in your house.


mike b
no


blktiger@pacbell.net
I'm not a lawyer, but if you can't prove that you had a reasonable probability of either your life or limb being threatened, you would NOT have a leg to stand on...

I'd have to say NO.


Zoey
Rating
I don't know about your laws but we aren't supposed to take the law into our own hands even when tempted to.


ideamanbmg
You could if you were anyplace but the Peoples Republik of Kalifornicateya!


Dont get Infected
you cant shoot him unless he is posing a threat to you.. but you can protect your property to a certain extent


tfermagic
I would lean toward 'No', given that you live in the United Californian Socialist Republic...Even if it is technically legal according to the books, it always seems that people defending their homes, self, family, or property with deadly or potentially deadly force (i.e. firearms) get the shaft.

I'd recommend inquiring at your local police precinct about the legality of such, or calling a local law firm.


geo 3
Rating
unfortunately you would be in a heap of trouble if you did. the law should be changed so that you could shoot someone who you caught breaking into your home or car. people like that never change and cost society nothing but heartache. all are repeat offenders and will be taxpayer supported when they are living in jail. i resent my money going to tax's to support scum. i think we should round up all our jailbirds and boat lift them to Cuba.


ktluvaxx♥
Rating
no, u cant shoot a person, only for self defense, you have to just call the police, then give them a detailed explination about the guy


?
Unfortunately, no. It has to be a life threatening event to justify deadly force. Someone breaking into your car is not life threatening. Annoying. But not life threatening. Sure would cut down on break ins and car jacking's though !!


jaypea40
Rating
These are the only violations in which you are allowed to use deadly physical force. To protect yourself or someone else whom is being threatened with deadly physical force. To stop someone from kidnapping,arson,and/or rape.


goodforwho
NO NO NO


Chuck-the-Duck
Rating
NO! NO! NO! Unless you are in immenite danger of loss of life or bodily injury, you may not fire upon anyone, especially outside your home. Senario; If you went out to your car to make a citizens arrest of the person breaking into your vehicle and he pulled a gun or knife and lunged at you with it, that would constitute self defense and a finding of Justifiable Homicide, but you better pray you kill him, if not, He could lie and cause you more grief than He would get.


dmc81076
Well I think that only applies if the person is actually in your house. I really don't think you could legally go out and shoot someone on the street. The street is not your personal property, it belongs to the city/town in which you live.


dawnsdad
Rating
I doubt it very much. I don't think the District Attorneys Office is going to back up a citizen giving the death penalty to someone trying to break into a car. Not a good idea. However, I would back you up.


i'm susan
Rating
actually in texas, that is a big NO. you are not in immenent danger in this situation. you would be charged w/ aggravated assault w/ deadly weapon, attempted murder, etc depending on the results of your foolishness. in your senario, you were not in any danger, much less immenent danger, therefore your only recourse is to call the police.


♥austingirl♥
Probably not...it's not in self-defense, and they weren't causing you bodily harm. It would be better to take a pic...or have a video camera recording it. Sorry that happened, I hate theives.


cincinnatus
Rating
NO
To shoot someone you must be able to prove that you reasonably believed that the person had both the ability and intent to cause great bodily harm to you or another innocent. The location of the incident has no bearing on this, other than if the person forced entry into your house then the law presumes intent to cause you great bodily harm.


chris
Nope, that wouldn't be in self defence. You prolly could get away with firing a few warning shots to scare em off.


ntek
yeah we here in CA are screwed. the criminals have more rights than we do. i have had my business burglarized twice in the last 5 months. If the cops are inefective of getting these crooks off the streets, the citizens should be able to take matters into their own hands. Whats going to prevent crime if the crooks know that the citizens can do nothing to fight crime? I declare open season on burglars.





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