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Someone breaks into my home, what can I legally do to protect myself?
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Someone breaks into my home, what can I legally do to protect myself?

I was debating with a friend the other day the legal options I have in the case that someone breaks into my house. Can you shoot someone with a firearm that breaks into your home if they are not carrying a weapon of any kind? What is over excessive force?


    




Hermosa bori
Rating
WOW! If someoone would dare break into my home, while I was there, they sure would wish they hadn't picked my home, and they would probably beg me to call the police to save him. If I wasn't home and I would find out who dunnit, Jesus help him. I wouldn't press charges, and wait for him outside the court house if he was ever caught. I take martial arts, kick boxing, mixed brazilian martial arts, Karate. I wouldn't even chip a nail! Poor guy or girl!


tonis the menace
Rating
as long as you have a C.C.W for your firearm i don't see that as being excessive you don't have to shoot to kill, you can enable a person. it's trespassing and if someone is breaking into your home while you are in it, don't you think there may be intent to harm.......I'm from Detroit so i know i would be cautious of intruders.


wiccanangel1973
defend yourself and then call the cops.dont use a weapon inless they try on you to use one.


Mary_mountain_lover
Rating
ALWAYS sleep with your cell phone on the nightstand (or under the pillow if you're really anxious abt the possibility of someting bad), within your reach while in bed. You hear a noise, dial 911 in 2 secons and report a break in. They'll be there asap.


Steve
Rating
its better to be judged by 12 then carried by 6. they threatened your life, shoot to kill. make certain the corpse doesnt fall outside of your doorway.


FRAGINAL-NOYPI
Defense of property is the valid ground under the law to resist an intruder even by injuring or shooting him.


Carole Q
You would have to have a believable reason that you HAD to take such drastic actions. There are many variances i.e.
size (intimidation), several local & freightening experiences to have you on edge already, # - you are out numbered, young age & vulinable, actual break in or they had walked in because the door was unlocked.

Due to an actual break in and he/she/they are inside your place, you have the right to defend/protect yourself & others in the house.

If your gun was involved, it better be registered too.


Cynthia N
You have the right to restrain the intruder and protect yourself. However, if they are not armed it would probably be considered excessive force. My husband and I have debated over this many times...he says kill em and I say make them suffer. Honestly though if I were in a situation where it was just my daughter and I the legality of the situation but be furthest on my mind.


grumpyoldman
In my state you have a legal right to kill them. Happened a few months ago.


FREAKZILLA
Rating
it all depends on how liberal your jury is when the intruder sues you


All The Answers
All state laws are different - like it or not.

If you are really worried about this - do careful research. The right philosophy is not necessarily legally allowed.


o'yam
Rating
depends on where you live , in the US you just killed an intruder , no problem at all. However , in the Uk , you would be arrested for using excessive force if you killed an intruder in your house.


jck_kerouac
I would guess it would depend on many factors: the state, the prosecutor, the person you shoot, your own record. I don't know how you could be expected to know they don't have a gun.


remowlms
Rating
It depends on what state you are in - some laws allow you to defend life and property with deadly force, but others only allow the use of deadly force if your life or someone else's life is in immediate danger. In the State of Washington, you would have to prove that a reasonable person in the same situation would have felt that their life or someone else's life was in imminent danger to justify using lethal force.


open4one
Rating
It depends on the law of the state. Believe it or not, "self defense" is only available as a defense if the statutes say it is.

When it comes to defending one's own home, some statutes say you can shoot without seeing a weapon or announcing your intent. Other states require you to retreat and abandon the home, if possible.

One thing is universal, you cannot set a passive trap. In other words, you can't rig a shotgun to blast anyone that opens a window, or have a spiked pit under the living room rug.


Fancy That
NO, you cannot shoot an intruder unless they are directly threatening you. If they are just there to steal, then self defense does not apply.

The reasoning is that the law values human life over property.


usmctanker1962
Rating
Blow his @ss away. tell the cops you feared for your life. Just make sure you kill his @ss, so he can't testify against you.


M v
Rating
If I felt my life was threaten by someone in my home that was intruding, I would certainly shoot them. I have the right to defend my life, the life of my children and also my property. As long as your firearm is registered to you, I cant see you having a problem.


AGT
Rating
When I was a teenager living in Vermont someone broke into my house while I was asleep locked in my mother's room (she was away at the time so I was there alone). I was terrified of course, and as this was before cordless phones or cell phones, I just had to hope the person didn't try to force into the bedroom. He didn't because my dog attacked him, and as soon as he left I called the State Police. Since my mother was going to be gone for another three days and I would be alone, they said they would drive by the house as often as they could to try to deter, or catch the guy in action (We lived up a narrow dirt road out in the woods and the closest house was two miles down the road!). To protect myself since they couldn't be there all the time of course, they told me to find someone with a shot gun/rifle (or REGISTERED pistol/hand gun) to come and stay with me, and if the guy came back, as long as he had one foot in the door, to shoot him!! (In fact, the one Officer told me that he thought this guy was certain to do me bodily harm because he knew I was there alone and was so very isolated - the perpetrator had kicked the front door in the night before - so he said if I saw him outside to shoot him out there and drag him over the doorway! I wouldn't suggest this though!!) "A person has a right to protect himself/herself from bodily harm and protect their home" is how the State Police explained it to me, he went on to say "and if someone is forcing entry, their intention isn't just to get in there and say "hi!", they are breaking in to either steal, rape or kill, so shoot him". Of course that was about 26 years ago, and now the criminals seem to have more rights than the victim, so if you want an absolutely accurate answer, find out what the laws are for your state or jurisdiction. Take care and good luck!!


mrlowdown1
anybody remember the doctors family who was raped ,then sat on fire....? rather on trial by twelve than my family caried by six





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