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  #51  
Old 03-25-2013, 08:28 AM
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Originally Posted by Jeffersonwasright View Post
Again, my question had to do ONLY with a verbal warning issued while the would-be intruder is still on the other side of the door. My concern upon discovering that an intruder is already in my home would be only how to end the threat.



I intended no such meaning. Maybe you've been sensitized to my choice of words by the intense political pandering of the last few years.



We're on the same page; don't think otherwise.
Choice of words isn't my interest. I want some facts, so
please link to pages with all the info you have access to re: homeowners lying in wait to shoot burglars in Texas, and not being charged. I'm writing a book and doing a spot on CNN and would be happy to use these atrocities to protect the children.
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Old 03-25-2013, 11:10 AM
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I'm writing a book and doing a spot on CNN
Good luck with that. I don't associate with people who work with CNN.
  #53  
Old 03-25-2013, 05:11 PM
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Your drunk neighbor comes stumbling in because the door is unlocked and he's inebriated to the point of getting his house wrong. You shoot him. Cops come, find his car full of beer cans, no sign of forced entry, and no weapon. Who do you think is in trouble now?
In Ohio?

Him.

As I once told a British anti-gunner in usenet who was having a hissy fit because some homeowner in a Houston suburb shot a drunken Scotsman who tried to kick in his back door and refused to desist:
  1. If that's how liquor affects you, stop drinking.
  2. If you can't stop on your own, get help.
  3. If you won't stop drinking on your own, won't get help to stop drinking, and insist on unlawfully entering other people's homes, get shot.
He didn't like that.

I didn't care... and I let him know it.

Your stupidity and alcoholism in no way trump my right to be secure in my home.
  #54  
Old 03-25-2013, 08:07 PM
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I personally think that's an appropriate course of action. It's not a requirement in states like Texas, though, nor are homeowners typically charged for shooting an intruder, regardless of the intruder's identity, condition or motive. Still it seems that a verbal warning to someone attempting illegal entry could potentially save the homeowner a lot of trouble. The question is, why don't more homeowners do it? Why are there so many stories now of homeowners who wait quietly inside the house, then open fire when the intruder appears?
I live in a small 2 bedroom residence, one way in thru a deadbolt door. I don't holler if they are breaking the door in but I will shoot them thru the door if the door is coming down. I do not do breathalyzer tests, drug tests, or IQ tests.'
I have a disabled daughter and I will make sure they do not get beyond the point of entry. There will not be any opportunity for them to grab a TV so that question will not come up. But then I live in Texas. I would not make a sound because you may not know how many intruders may be breaking your door down, and once they hear you they may shoot you thru the door. I will deal with the legal issues afterward. I really get perturbed by those who think that anyone is entitled to break a door down, enter a residence, take what they want, and do whatever they want before a home owner can use deadly force. And drunks don't just break down a deadlock bolted door because if they do they are a deadly threat as far as I am concerned. If I were not prepared to defend my home without hesitation I would not bother to own a handgun. In Texas you do not have to wait to be physically assaulted by an unarmed attacker before using deadly force.
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Old 03-25-2013, 10:19 PM
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If the perp is unarmed and doesn't advance toward me I don't think that I would shoot. If he takes my DVD player and runs out the door I would just wave at him. After all, a new DVD is cheaper than a new carpet and lawyer fees.
I understand what you're saying but I don't like it. He will either come back because you didn't do anything or go on to someone else and possibly hurt them. If he's not careful he just might find me prying my DVD player from his hands after he's been shot!!
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  #56  
Old 03-26-2013, 01:54 AM
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Default The best communication is whatever works

Verbal warnings are not real convincing if you voice is squeaky or trembling.

Warning shots are forbiden in most places.

But when a pump shotgun goes Clank Clank everybody, even deaf people seem to hear it.
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  #57  
Old 03-26-2013, 02:59 AM
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I don't believe that one....

So if I forget to lock my door anyone can walk in and I cannot defend myself until I talk to him first?

What if I think I locked my door?

What if I locked it but my wife unlocked it?

I'll have to research it, but I've always believed a person in a house that wasn't theirs was breaking and entering, no matter how they got in.
You can always defend yourself if attacked. Unless it is a wet noodle or pillow type attack.

But someone just being in your house, by walking in an unlocked door is probably only guilty of a misdemeanor or tort.

When I left California I believe you could not shoot someone who was hitting you with his hands or fists.

When I was training security guards for exposed firearm permits I spent some time reading and talking about the baton issue. It says if attacked by someone with a knife, if you have a baton, you "should" (quotes are mine) try the baton first and if that fails then use your firearm. They always use the word "threat of deadly force can be made" like to make a felony citizens arrest. But reading further that does not mean you can actually shoot. You can only shoot if attacked and great bodily injury or death might result.

Know your state laws. In most places if some intoxicated male walks in your unlocked door at 2am and grabs your sleeping wife by the hand inviting her to go dancing you have a problem.

Just lock up and force any intruder to break something. Being aware that in many places that might be a misdemeanor unless other crimes are committed. Like refusing your order for him to leave. (I am guessing based on what little I know about law and how much I know about most laws being weaker than we think they are. Maybe someone will jump in here with more exact information.

Basically you cannot shoot someone for wandering into your unlocked house. Or your locked house. And you must be real convincing about how much of a treat he or she was when you say you chose to "defend myself". Were you in fear of your life or great bodily harm.

I think "breaking and entering" is a misdemeanor, certainly not a violent crime. It escalates when you see him attempt to steal something and you attempt a citizens arrest.

Whether or not your state has a citizens arrest law they all pretty much permit citizens to detain felons for the police if you know a felony happened and someone at least tells you that person did it. You can detain on a misdemeanor if you saw it happen. (If memory serves)

In the real world, in most places, if the other guy has a long criminal record you are not likely to be charged. And they usually do have a long arrest history.
  #58  
Old 03-26-2013, 09:13 AM
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When I left California I believe you could not shoot someone who was hitting you with his hands or fists.

So, a 4'8" woman who weighs 94 lbs is being beaten to death by a 6'4" who is bludgeoning with her fists and there is a CA state law that prohibits her from using a firearm to defend against deadly force just because the force comes in the form of fists? I would be interested to see the citation for that law. I know CA can be kind of goofy, but...

Quote:
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When I was training security guards for exposed firearm permits I spent some time reading and talking about the baton issue. It says if attacked by someone with a knife, if you have a baton, you "should" (quotes are mine) try the baton first and if that fails then use your firearm.
Was that some sort of company policy? Why on earth would anybody train someone to defend against a knife attack (lethal force) with a baton ("less lethal" force) when they have the option of defending themselves with a firearm? Good heavens, I hate to think that is being taught somewhere. It will get somebody killed in a ugly way. If you are close enough to touch the attacker with your baton (to deliver baton strikes), then you are close enough to be repeatedly and viciously stabbed and slashed until such time as you are maimed, gutted, bleeding out, or just plain dead. An attack with a bladed weapon is clearly using lethal force. Why would a company train their guards to treat it any other way?


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Just lock up and force any intruder to break something.
In California, "burglary" is defined by Penal Code 459 PC as "entering a structure with the intent to commit a felony (or a petty theft) once inside". There is no need for a "break" of any sort to occur. In fact, there does not even have to be a door. In most states, you can be charged with burglary (or the state equivalent) even if you go in an open doorway. And everywhere I have lived, burglary (or the state equivalent) is chargeable as a felony (although I know in CA it can be charged as either a felony or a misdemeanor).

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  #59  
Old 03-26-2013, 12:25 PM
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I've always had at least one firearm in my various residences. Except for a shotgun that I no longer own, they were all small caliber, either rifles or revolvers. It was clear to me in the past that if I shot an intruder with these small rounds, it probably wouldn't be shooting to kill, but rather to disarm or disable. That's OK with me, because killing someone - unless I'm staring down the barrel of their gun - conflicts with my personal beliefs. At those times when I lived in states without a "castle doctrine," I was also aware that shooting an intruder who was unarmed could be much more expensive and risky if he lived than if he died. That was OK with me, too. I've learned over the years that there's often a price to be paid for doing the right thing. I know many people won't agree with me on these points, but I wanted to present my views.

To get to the question, my situation recently changed when I bought a 9mm semiautomatic. With the larger caliber of this gun and its large capacity mag, it's a shoot to kill weapon. It's extremely unlikely that anyone entering my house uninvited in the middle of the night would live to talk about it. Bearing in mind how I feel about all this, is it ill-advised from a personal safety perspective to shout a warning through the door if someone is attempting to force their way inside? I don't mean standing directly at the door, of course, but rather in a position removed from the immediate area, but where a verbal warning could be reasonably expected to be heard outside. Is there any historical or even anecdotal data to indicate that such an approach places the homeowner in more or less danger than killing the intruder after they enter the home?
This line of questions and statements are somewhat suspect...But, getting past that,

For a sincere suggestion, you might want to talk with your attorney as to what would or
would not be a legal defense for the use of deadly force in your state of residency.

Enroll in a training class of a reputable self defense training institution,
continue training and up date your training at every opportunity.

Cause as someone once said,
"A man's got to know his limitations."


Best of luck on your quest.


.
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  #60  
Old 03-26-2013, 12:36 PM
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You can always defend yourself if attacked. Unless it is a wet noodle or pillow type attack.
I think you are wrong, but I'll let those who know more than I do respond to specific points.

I know in my state I can defend myself with lethal force if I feel I am physically threatened. A bad guy in my house at 2am is a threat to my family. I am not going to wait around to see if he is holding a wet noodle or a hand gun.

A pillow attack? People get smothered out with pillows on TV so I consider that a lethal weapon also.

I think I could tell the difference between a drunk and a burglar, but on the other hand, a good burglar will act like a drunk who is lost as soon as he is spotted! So no, I'm going back to if you are snooping around inside my home at 2am you are subject to lethal force, and you're going to get it.
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  #61  
Old 03-26-2013, 12:46 PM
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I must confess that I am a bit confused by what I have read here. The laws of the various states are diverse and the circumstances that can occur in a home invasion are so varied that there are not enough "what ifs" to cover every eventuality. As I learned from my Dad on the farm while a young boy cleaning out stalls, you gotta learn how to deal with the poo you're standing in. Bottom line is that you are justified in using lethal force when in fear for life. Florida and other states have the Castle Doctrine/Stand Your Ground doctrine which makes it clear you don't have to retreat. There is a presumption that if someone is breaking into your home at night that you are in fear for your life. Door locks have little or nothing to do with it other than perhaps to give evidence to what the intruder intended when he broke the lock to enter. Strong locks, good lighting, having to make noise to get in, and big dogs have all been proven to be deterrents to burglars. Giving a verbal challenge may be a really good idea, especially if there is a possibility of a family member coming in late or disoriented person walking into the wrong house. In an ideal situation, which is unlikely to occur, I would want to retreat with the wife and dog into a defensive position and then call 911. Shooting should be your last, or only, resort if it comes to that.
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Old 03-26-2013, 04:12 PM
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I understand what you're saying but I don't like it. He will either come back because you didn't do anything or go on to someone else and possibly hurt them.
That also applies to my original question. What if I shout through the door that I'm armed, and they leave? What are the chances they'll just come back later? Will they rob or kill a neighbor instead? I was hoping someone might have real data or anecdotal info on this sort of thing.
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Old 03-26-2013, 04:26 PM
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In Texas you do not have to wait to be physically assaulted by an unarmed attacker before using deadly force.
I assume you're referring to an attacker who's in your house or forcibly attempting to enter.
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Old 03-26-2013, 04:48 PM
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I assume you're referring to an attacker who's in your house or forcibly attempting to enter.
Not necessarily.

You need to learn study the concept "disparity of force".

If:
  1. My assailant has a substantial advantage in size, strength or KNOWN fighting prowess and or:
  2. I am outnumbered, and
  3. I am in reasonable fear of death or great bodily harm,
I may defend myself with deadly force.

I have ZERO duty to be beaten to death (or into a coma) or crippled by a body builder, MMA fighter or a gang of thugs.

Here in Ohio, outside of home or vehicle, I have a duty to ATTEMPT to retreat before using deadly force. That does NOT mean turn tail and run, but to merely make a reasonable attempt to withdraw IN PERFECT SAFETY, without incurring ANY additional risk. Thwart that attempt and it sucks to be you.
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  #65  
Old 03-26-2013, 06:55 PM
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You're absolutely right, and this probably should have been said earlier. It goes with the "I'd rather not be forced to shoot." idea.

Yelling a warning through the door = good idea.

Shooting a warning through the door = not such a good idea.

"I've already called the police, and I have a gun. Might be a good time to re-evaluate your plan here!"
It also depends on your state.....here in MO i think i would be justiied with this simple facts,

1. I am a law abiding citizen
2. The person that broke into my home probably has a LONG criminal record and has a few warrants out.

I MY SELF personally will not go out of my way to beg the guy to stop, try to call the police and beg some more. The bad guy has already broken into MY home and now his trying to get through my bedroom door.....Ill drop the BG and than call the police and tell em ive shot an intruder, when they arrive they will see he broke through my entrance door and then continued and broke through my bed room door and i had no choice but to drop him.
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Old 03-26-2013, 07:06 PM
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I assume you're referring to an attacker who's in your house or forcibly attempting to enter.
Cmort66 pretty much provided my answer, referencing disparity of force. I am an old man. And I am talking about an attacker who breaking my door in.

But even in a parking lot I am not obligated in Texas to allow an attacker to assault me before drawing my guns. If I warn him and he don't stop I will draw. Its up to him whether he stops advancing or not but I do not fire warning shots.

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  #67  
Old 03-26-2013, 07:21 PM
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Laws vary from state to state. You guys ought to be a little more careful about practicing law over the internet. I've read a whole heap of misconception and BS in this thread.
Read the LAW in your state.
There's a difference between "legal" and "a defense to prosecution". Big big difference.
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Old 03-26-2013, 07:36 PM
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I don't know the law in my state but I suspect if I'm awakened by an intruder in my home, I'm going to shoot first and ask questions later...

If you are in my house, coming through locked windows or doors, yep I'm pulling the trigger...no doubt.
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Old 03-26-2013, 08:20 PM
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While gun forums are a great place to chat, trade pics, share opinions and pose questions of those more knowledgeable...

I feel that you might benefit from some overall philosophy training! There are many alarming statements in your original post, regarding your overall mindset. (caliber of weapon, shoot to kill, shoot to wound, should I give verbal warning...etc...)

One excellent resource is the book by Masaad Ayoob, In the Gravest Extreme., which deals with self-defense shootings, overall mindset, post-shooting suggestions, etc..
Although written in 1980, it remains relevant to this day.
Best post in this thread

The original posters question I believe is if someone is trying to get thru a locked door if it is okay to shoot thru the door I believe with an intent to warn ?

If your talking about an exterior door what if the bullet goes thru and hits your neighbor thru the window ?

On an interior door if someone is trying to get thru by all means shoot thru the door but not with the intent to wound. If you have announced that our armed and he still wants in he's not coming thru with good intent

In general I am not a fan of warning shots. If you've come to the decision the only outcome is to shoot someone shoot center mass and do not stop till they go down

In my house if you break in I am not going to warn I am going to shoot to kill

While you good hearted folks want to give the person that just broke into your home all these opportunities to survive what if he is armed gets the upper hand and than rapes and murders your family while you lie there bleeding to death

I am not tying to sound like some kind of hard ***........ I have children in my home and their well being is my only concern ......period.

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Old 03-26-2013, 08:52 PM
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Jeffersonwasright,

There were so many fallacious premises and assumptions in your initial post that I don't think that I can address them here. My best advice to you would be to avail yourself of a good and extensive concealed carry course. I don't mean one that only covers the State mandated 10 hours, but one that goes into the legal implications of what you have stated in greater detail.

I can tell you that if you adhere to the concepts that you voiced, the Travis County District Attorney will have your innards for hor d'oeuvres. I don't mean for that to sound personal; I would expect that the majority of individuals in Austin hold to the same concepts.

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Old 03-26-2013, 09:05 PM
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I would suggest that you buy a local cop a beer and share your thoughts with him.

Seeing a mental health counselor might also be beneficial.
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Old 03-26-2013, 10:39 PM
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That also applies to my original question. What if I shout through the door that I'm armed, and they leave? What are the chances they'll just come back later? Will they rob or kill a neighbor instead? I was hoping someone might have real data or anecdotal info on this sort of thing.
I don't have all the answers my friend. Wish I did. If I had to talk to someone through my door, which I have several times, I stand to one side and ask who it is. I never announce that I have a gun. If they go away. Fine. If not he will soon find that I am armed. IMO announcing that you have a gun is not tactically sound. If the bad guy breaks in and sees the barrel of a 45 leveled at him, I want to see his reaction. That will tell me all I need to know. If his eyes get big and wide, chances are he'll run or give up. If he reacts any other way, he'll get shot. Plain and simple.

Here locally a few years ago a drunk and drugged up man broke into a couples apartment. He grabbed a propane tank from a BBQ and threw it through the patio door. The occupants were in bed asleep. They closed the door. While the lady called 911 the man yelled that he had a gun. Didn't matter. Bad guy burst through the bedroom door and he was shot multiple times. No court date for the bad guy.

The fact is. We each have to figure our own salvation in this matter. What works for one may not work for another. The one constant is this. Shoot when necessary. Shoot straight and accurately. Feel sorrow that you took a life. But feel good that you protected you and yours.

I leave home everyday. I see it as my duty to return home to my family unharmed. And I see it as my duty to protect them anywhere at any cost.

What goes on between the ears has a lot to do with it. Mindset and attitude will determine the outcome in most cases.
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Old 03-26-2013, 10:42 PM
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I would suggest that you buy a local cop a beer and share your thoughts with him.

Seeing a mental health counselor might also be beneficial.
I would suggest not being too hard on the guy. We ALL had to start somewhere. Last time I looked, I didn't see any self defense experts round here.

Too many folks arm themselves thinking they no-it-all. They don't. And they don't ask questions or seek answers. So when someone does ask, we need to help them.
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Old 03-27-2013, 12:49 AM
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Jeffersonwasright,

I can tell you that if you adhere to the concepts that you voiced, the Travis County District Attorney will have your innards for hor d'oeuvres.
Why is that, Bob? Are you saying I'm not allowed to shout a warning through my front door if an intruder is trying to force it open? That's what I was asking about. Did you actually read my post? Did you think about what it might mean, coming from someone who isn't a gun enthusiast and doesn't frequently verbalize this stuff? Did you consider that maybe I'm simply not using the jargon you're used to hearing, or that certain phrases I use only convey a layman's perspective? Seriously, for you to say what you did only means that you didn't understand my post and/or haven't bothered to read any of my followups, and that at best you haven't given any of it any real thought.
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Old 03-27-2013, 12:50 AM
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Default Kalifornia

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So, a 4'8" woman who weighs 94 lbs is being beaten to death by a 6'4" who is bludgeoning with her fists and there is a CA state law that prohibits her from using a firearm to defend against deadly force just because the force comes in the form of fists? I would be interested to see the citation for that law. I know CA can be kind of goofy, but...



Was that some sort of company policy? Why on earth would anybody train someone to defend against a knife attack (lethal force) with a baton ("less lethal" force) when they have the option of defending themselves with a firearm? Good heavens, I hate to think that is being taught somewhere. It will get somebody killed in a ugly way. If you are close enough to touch the attacker with your baton (to deliver baton strikes), then you are close enough to be repeatedly and viciously stabbed and slashed until such time as you are maimed, gutted, bleeding out, or just plain dead. An attack with a bladed weapon is clearly using lethal force. Why would a company train their guards to treat it any other way?




In California, "burglary" is defined by Penal Code 459 PC as "entering a structure with the intent to commit a felony (or a petty theft) once inside". There is no need for a "break" of any sort to occur. In fact, there does not even have to be a door. In most states, you can be charged with burglary (or the state equivalent) even if you go in an open doorway. And everywhere I have lived, burglary (or the state equivalent) is chargeable as a felony (although I know in CA it can be charged as either a felony or a misdemeanor).

Respectfully,
Gonzo
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Well, it sounds like you need to read the California Powers To Arrest security guard training manual.

I believe it is Consumer Affairs - Dept of Security and Investigative Services.

And then tell me if any criminal walking in any house at night ever admitted what his intent was.

If he breaks in your locked door and kills your dog you might not get sent to prison for shooting him.

In other words you have nothing much until you block his way and tell him to leave. If he brandishes a weapon that helps establish his motives.
.............................
And yes they would not charge a woman for hardly anything in California. They are pretty much assumed to be victims. As they say "the bar is lower".
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Old 03-27-2013, 01:16 AM
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Default California training for gun guards makes it simple

California makes it easy on them to describe. Please understand this if for security companies that supply guards.

Please check elswhere for laws pertaining to your home.

Bureau of Security and Investigative Services

http://www.bsis.ca.gov/forms_pubs/firearms_manual.pdf
(About half way down)
d. Using a Firearm:
A firearm MUST be used for only defensive purposes. It is the highest level of force. The situation must justify the use of deadly force. That is, there MUST be an imminent and immediate danger to life. A shooting carries a high degree of risk for all involved parties and for innocent bystanders as well. The shooting will result in the guard and the company being thoroughly investigated by the local police and the Bureau. If the shooting is not justified or if policies or procedures were not followed, the guard, and the company, may be subject to criminal prosecution, civil action or both.
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Old 03-27-2013, 01:23 AM
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IMO announcing that you have a gun is not tactically sound. If the bad guy breaks in and sees the barrel of a 45 leveled at him, I want to see his reaction. That will tell me all I need to know. If his eyes get big and wide, chances are he'll run or give up. If he reacts any other way, he'll get shot. Plain and simple.
Yeah, there's something to be said for that. In fact, I had an experience not too different some years back. I saved myself a grand jury summons by chasing a couple guys off with my rifle instead of shooting them down. Ironically, the officer who showed up ten minutes later said it was a shame I didn't shoot and get the "scumbags off the street." Of course, he's not the one who would have paid my attorney fees.
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Old 03-27-2013, 09:42 AM
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I am going to shoot to kill
Careful, my friend! I've been practically called a psychopath for saying the same thing. A few more threads like this one and I'll have to call 911 on myself!
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Old 03-27-2013, 02:28 PM
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Default Gotta say hello?

Some guy buys a condo down the hall.

He has a stroke one night and is desperately trying door knobs trying to find his way home.

He walks in the door of a very timid couple who read the worst news and watch scary TV shows. He is desperatly trying to find his light switch and his phone.

They are afraid to interact in any way because it might give away their location. They left their door open out of habit or accident.

A friend of mine, after discharge from marine corp, would read scary books at night then sleep with a double barrel shotgun open and loaded, across a chair next to his bed. He finally got over it. At least he locked his doors and windows.
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Old 03-27-2013, 04:01 PM
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California makes it easy on them to describe. Please understand this if for security companies that supply guards.

Please check elswhere for laws pertaining to your home.
*
Not an attorney in California, never will be, and hope to never enter the state. That said: a security guard is legally in an odd position. They are not the owner any given property for which they might be responsible, and generally shooting over a property-only offense is not going to fly. Most important for our discussion here, they are also not a resident of a home that has been invaded, a situation in which the law generally will give the most flexibility in favor of shooting the offender. Apples/oranges, and I know that you were not posting this as an absolute answer.

Make it hard for someone to enter your home unless they belong there, and you make your life better. You are less likely to have to dump an offender, and more likely to get a positive response legally if you do.
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Old 03-27-2013, 04:45 PM
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Based on my personal experiences:
Make sure it's not a SWAT team at the wrong address before you start shooting. (bad karma)
Perhaps the SWAT team should make sure they have the right address before you start shooting...
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Old 03-27-2013, 04:45 PM
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Careful, my friend! I've been practically called a psychopath for saying the same thing. A few more threads like this one and I'll have to call 911 on myself!
I do not have the luxury of being impractical. If someone is forcing there way in my home I am thinking about only one thing and that is defending my home and family ......period.
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Old 03-27-2013, 08:07 PM
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I don't know the law in my state but I suspect if I'm awakened by an intruder in my home, I'm going to shoot first and ask questions later...

If you are in my house, coming through locked windows or doors, yep I'm pulling the trigger...no doubt.
I agree. It would be impossible I think for an intruder to get into my residence without awakening me, and an intruder would have to kick down a dead bolted door. No I am not practicing law, but I know Texas Law. I will not be a victim to satisfy anyone who thinks the intruder should be given an opportunity to see if he can overcome me with his fists.
After having an unarmed intruder wanting me to open a door
awhile back was wanted for armed robbery, armed kidnapping and armed sexual assault who got turned loose a third time before being arrested a week later, I have added video surveillance. Not knowing whether he is armed is the least of my concerns, my intent is to make sure he does not get inside. Can't shoot at someone for knocking on the door but if he is taking my door down, he will go down before it does.
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Old 03-27-2013, 11:43 PM
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Default No exact answer without more info

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To get to the question, my situation recently changed when I bought a 9mm semiautomatic. With the larger caliber of this gun and its large capacity mag, it's a shoot to kill weapon. It's extremely unlikely that anyone entering my house uninvited in the middle of the night would live to talk about it. Bearing in mind how I feel about all this, is it ill-advised from a personal safety perspective to shout a warning through the door if someone is attempting to force their way inside? I don't mean standing directly at the door, of course, but rather in a position removed from the immediate area, but where a verbal warning could be reasonably expected to be heard outside. Is there any historical or even anecdotal data to indicate that such an approach places the homeowner in more or less danger than killing the intruder after they enter the home?
We could explore examples, but they would be endless. Are you suspected of poisoning a neighbors dog? Any enemies?
Are you female and someone followed you home.
When the person first knocked on the door and you looked out from a window, did you make eye contact.

Lets start over. Most home burglaries are done in the daytime when both adults are working. Most are done by drug addicts schooled in knocking on front door to see if house is occupied. If no answer they go around back and break in. Anytime they get any indication a person is inside they normally run. (If his intent is burglary).

After dark, the later it gets, the more serious it might be (odds wise). By bedtime the prowler peeping-toms that are interested in rape are getting more serious about what window might be unlocked. Or the lady that left the nightclub alone, who was followed home, needs to be aware of possibilities. The possible situations are again endless. If followed she might consider to continue driving while calling a friend to meet her outside (never out of someone’s sight).

The original final question was about waiting with a gun as someone breaks in. Usually the answer is to shout “I am calling 911”. If he runs great. If he pleads for you to not do that then continue the conversation without opening the door. If he says he needs emergency help then phone 911 and relay the message, without opening the door.
(I am 300 pounds of bad attitude so I would have already opened the door).

That is all the help I can give. As they say in chess the next move is yours. Whatever happens the odds of him coming back is extremely low, unless you are female and he is a sex offender.

Or if you just won a lot of money. Or just took a lot of money out of the bank for a weekend trip and told too many people. Or just sold something expensive and your teenage kids have bragged to their friends. The list is endless.
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Old 03-27-2013, 11:52 PM
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Perhaps the SWAT team should make sure they have the right address before you start shooting...
Yes, maybe they should, but maybe they don't.
This thread is mall ninja fantasy.
http://www.txdps.state.tx.us/interne...rms/chl-16.pdf
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Old 03-28-2013, 04:58 AM
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Yes, maybe they should, but maybe they don't.
This thread is mall ninja fantasy.
http://www.txdps.state.tx.us/interne...rms/chl-16.pdf
Texas writes good laws. This site you posted is worth reading.

A little way down page 59
PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON.

Bottom of page 60
PC §9.42. DEADLY FORCE TO PROTECT PROPERTY.
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Old 03-28-2013, 08:32 AM
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Yessir, bearing in mind the difference, as mentioned in a prior post, that there is a DEFENSE against prosecution. Still goes before the court, still isn't a free pass, carte blanche, and that is just CRIMINAL Law-- not civil.
No, Texas is not a "I can shoot to kill cause that hombre was rustlin' my cattle" kind of place, in spite of what anybody "heard".

I've sat across the table from a gang kid 15yr old in Corpus Christi who stabbed another kid "because he gave me a look." hey, that was his "justification" for the action, but that wasn't the way the law finally ground it down, and this kid was SURPRISED. He said "You can't just let that kind of xxxx get out of hand." he was convinced it was appropriate behavior.
There are good firms that offer training and updates along with legal protection. I use Texas Law Shield. There are others.

And that's the beauty of being able to see the law, one doesn't need to make it up as they go along.

Anti gunners regularly set out hypotheticals and then quote what they perceive to be the most extreme viewpoint and use it against us in the media (and even in legislative debate). Texas is a "targeted state" for many reasons, and anti gunners are wolves in sheeps clothing.
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Old 03-28-2013, 09:11 AM
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QUOTE: OldTexMex

"Yessir, bearing in mind the difference, as mentioned in a prior post, that there is a DEFENSE against prosecution. Still goes before the court, still isn't a free pass, carte blanche, and that is just CRIMINAL Law-- not civil.
No, Texas is not a "I can shoot to kill cause that hombre was rustlin' my cattle" kind of place, in spite of what anybody "heard".
"


I would think that you have more exposure to criminal activity in South Texas than we have in Northeast Texas. No Texas is not a free pass state, but it is one of the few states where one can protect property. As for shooting to kill, we were trained to shoot to stop the threat. I am not such an expert that I can afford to make selective shots myself, I suppose some are.

My family comes from law enforcement. It is not likely that a swat team would get the wrong house and the odds of it being a bad guy breaking my door down if someone is doing that is
very much in favor of it being a bad guy. I would not wait for a visual identification of the bad guy if he is coming thru the door he is going to be stopped. One can go thru dotting every I and crossing every T and end up dead after a bad guy breaks in. I think any time you use a firearm you best prepare yourself for the possibility that you may face prosecution under just about any circumstance. Unfortunately with criminals being recycled like they are, we only have the choice of resisting or becoming a victim. I was shocked to learn that a man wanted for armed robbery, armed sexual assault, and armed kidnapping got released a third time, just outside my residence, before being rearrested a week later.

I have greater apprehension about being approached my a bad guy in a parking lot when I am with my disabled daughter and have no option to retreat than I am about someone breaking in. I cannot
imagine living in a high crime area in a state that does not allow a homeowner to defend themselves with a handgun against a home invasion, but it looks to me like Chicago is such a place.

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Old 03-28-2013, 04:13 PM
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Default Try not to be "dead right"

One day when my dad was teaching me to drive a car, at an intersection I ask who had the “right of way”. He replied that there is such a thing as being "dead right”.

Then he discussed defensive driving.

Firearm instructors do similar instructions. Nothing covers every situation. Like when driving onto a freeway on-ramp sometimes being too timid increases danger. So they use that word "reasonable" a lot.

Criminals never work when a policeman is present. Criminals are never reasonable. I can remember when California courts would not let a criminals crime-history be mentioned in front of a jury, because it might bias the jury. I easily remember when Californians were expected to retreat to furthest part of their own house or run out the back door before defending with a firearm. No matter how you were dressed or whether or not snow was on the ground? Lots of reasons came up to oppose such logic.

Laws get better but the "dead right" thing remains the same. Being dead right might make it easier for the police, judge, and jury, but they do not want that extreme. They also want what is reasonable so they can do their jobs.
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Old 03-28-2013, 07:53 PM
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Jefferson,

I'm sorry that you were offended by my response...that wasn't my intention. There were several points in your initial post that I was referring to in my response. But first, let me say that I am not an attorney, nor am I in law enforcement. I do have many years as a trainee and as a trainer in the use of lethal force both in classrooms and in ranges. More to the point at hand, however, I have served several terms on the Grand Jury in a large metropolitan Texas county so I know what questions will be asked of someone who finds themselves in the situation that you described.

The only situation in which you, as a non-sworn individual, are legally allowed to use lethal force is if you are, or reasonably believe yourself to be, at risk of death or serious bodily harm by an aggressor. You made several references to "killing" someone and a "shoot to kill" weapon. At one point you made a vague reference to it being "more expensive and risky if you shot someone and they lived instead of died" in the encounter.

If you are ever in a situation where you truly fear for your life, the appropriate action is not one where the intent is to kill the person, but one that will cause the aggressor to cease the action that causes you to have that fear for your life. Any action short of lethal force which might cause that person to break off his attack would certainly be appropriate first. And yes, that might include shouting through your locked bedroom door.

Bob
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Old 03-28-2013, 09:10 PM
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Quote:
The only situation in which you, as a non-sworn individual, are legally allowed to use lethal force is if you are, or reasonably believe yourself to be, at risk of death or serious bodily harm by an aggressor.
Not true. Several states still have fleeing felon laws where it is "legal" to shoot a person who is fleeing a felony, whether violent or not, when other means to stop him or her are likely to be ineffective. Also, it is "legal" for a non-sworn person to use deadly force to stop force used against another that is likely to result in death or serious injury in just about every state i'm aware of.
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Old 03-28-2013, 10:47 PM
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Verbal warnings are not real convincing if you voice is squeaky or trembling.

Warning shots are forbiden in most places.

But when a pump shotgun goes Clank Clank everybody, even deaf people seem to hear it.
Yet another reason Joey B's "double barrel 12 gauge" isn't the best idea. No dramatic racking sound. I have a friend who's dramatic racking sound ended a confrontation with drunken fratboys who decided kicking his door down to fight him was a good idea. The 911 operator advised him to wait for police to arrive, but if they actually broke his door down and entered his apartment he was within his rights to defend himself. The 911 operator stayed on the line with him, recording the incident, so there'd be no questions if it was brought to court.
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Old 03-28-2013, 10:59 PM
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I think you are wrong, but I'll let those who know more than I do respond to specific points.

I know in my state I can defend myself with lethal force if I feel I am physically threatened. A bad guy in my house at 2am is a threat to my family. I am not going to wait around to see if he is holding a wet noodle or a hand gun.

A pillow attack? People get smothered out with pillows on TV so I consider that a lethal weapon also.

I think I could tell the difference between a drunk and a burglar, but on the other hand, a good burglar will act like a drunk who is lost as soon as he is spotted! So no, I'm going back to if you are snooping around inside my home at 2am you are subject to lethal force, and you're going to get it.
Of course, the issue in this case wouldn't be what *YOU* consider to be a deadly weapon but likely what 12 of your peers consider to be a deadly weapon.

That said, there is no, 100% certain, blanket, "This is a deadly weapon, this isn't" yard stick. There is a difference between slapping someone with a wet spaghetti noodle, and trying to drown them in a vat of boiling hot wet spagetti noodles. Or my 5 year old is coming after me with her stuffed dog pillow, or someone is trying to smother me with a bed pillow.
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Old 03-28-2013, 11:08 PM
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The fact is. We each have to figure our own salvation in this matter. What works for one may not work for another. The one constant is this. Shoot when necessary. Shoot straight and accurately. Feel sorrow that you took a life. But feel good that you protected you and yours.
This is really what it comes down to. I don't ever want to shoot anyone, but I'd be willing to trade my life to protect my son or daughter. Whether that means shielding them with by body or doing 20 to life. As long as I can live with my choice at the end of the day, and my kids are safe, the rest is semantics.
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Old 03-29-2013, 12:54 AM
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Default Very true

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Originally Posted by Delos
When I was training security guards for exposed firearm permits I spent some time reading and talking about the baton issue. It says if attacked by someone with a knife, if you have a baton, you "should" (quotes are mine) try the baton first and if that fails then use your firearm.


Quote:
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Was that some sort of company policy? Why on earth would anybody train someone to defend against a knife attack (lethal force) with a baton ("less lethal" force) when they have the option of defending themselves with a firearm? Good heavens, I hate to think that is being taught somewhere. It will get somebody killed in a ugly way. If you are close enough to touch the attacker with your baton (to deliver baton strikes), then you are close enough to be repeatedly and viciously stabbed and slashed until such time as you are maimed, gutted, bleeding out, or just plain dead. An attack with a bladed weapon is clearly using lethal force. Why would a company train their guards to treat it any other way?


Respectfully,
Gonzo
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Just passing on what is in the firearms training book for armed security guards test, when I was working in 1980's and 1990's. I had all my gun guards read it a few times to be sure they never ask about wearing a baton. None ever brought it up.
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Old 03-29-2013, 01:17 AM
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This is really what it comes down to. I don't ever want to shoot anyone, but I'd be willing to trade my life to protect my son or daughter. Whether that means shielding them with by body or doing 20 to life. As long as I can live with my choice at the end of the day, and my kids are safe, the rest is semantics.
Yup, and in the middle of the night, when you are not fully awake, sometimes you must act. If your not rich, someone in a house in middle of the night is not there for your artwork. More likely a sex offender after a kid.
Maybe 15 years ago (?) a guy killed several adults to kidnap two children, and take them out into the woods. He was using night vision equipment.

Others have managed to kidnap a kid without waking an adult. Sometimes a kids bedroom window needs to be screwed shut with long screws.
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Old 03-29-2013, 02:01 AM
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I was helping my daughter move from one apartment into another. Going down 4 flights of stairs over two building and up 3 flights of stairs. Well, I am old and forgetful and walked into the new apartment and got confused.
1. Where are all the boxes I brought up?
2. Why is there furniture set up already?

Yep, my brain light finally came on and told me YOUR IN THE WRONG APARTMENT!!
I quickly back tracked quietly out of the apartment closing the unlocked door and went up one more flight of stairs to the right one.
After a rest and cold beer I got back to work and saw the other apartment resident carrying up a basket of clothes from the laundry. She did not think it was unusual at all to leave her door unlocked.

Guess what I am trying to say, identify the threat before dropping the hammer, God knows what would of happened if she had been there when I mistakenly walked in!!
  #98  
Old 03-29-2013, 07:09 AM
TheGreatGonzo TheGreatGonzo is offline
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Quote:
Originally Posted by Delos View Post
Well, it sounds like you need to read the California Powers To Arrest security guard training manual.
I will pass, thanks! A CA Guard Card does not fit into my immediate career plans! LOL!

Quote:
Originally Posted by Delos View Post
And then tell me if any criminal walking in any house at night ever admitted what his intent was.
Actually, that was my point. And I were to awaken to find a stranger in my home in the middle of the night who I cannot identify as immediately friendly, I'm not going to engage him in an interview as to his reasons for being there. As pointed out, security guards in are in a unique position legally speaking (in many states), but the OP seemed to be peaking as a homeowner.
Respectfully,
Gonzo

Last edited by TheGreatGonzo; 03-29-2013 at 07:24 AM.
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  #99  
Old 03-29-2013, 08:04 AM
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bettis1 bettis1 is offline
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Home Invasion Question Home Invasion Question Home Invasion Question Home Invasion Question Home Invasion Question  
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Quote:
Originally Posted by MaximumLawman View Post
Not true. Several states still have fleeing felon laws where it is "legal" to shoot a person who is fleeing a felony, whether violent or not, when other means to stop him or her are likely to be ineffective. Also, it is "legal" for a non-sworn person to use deadly force to stop force used against another that is likely to result in death or serious injury in just about every state i'm aware of.
Maximum,

It is true that I drew the parameters for deadly force a little tight for the OP. However, I was trying to differentiate between the legal applications for a sworn officer and a civilian. When using deadly force in the defense of another, the civilian may feel morally obligated to do so, but he is not compelled to do so by law as the sworn officer is.

In regard to shooting at a "fleeing felon" it might be legal, but it opens up a new bunch of risks and one should evaluate whether it might be more prudent just to become a "good witness". Depending upon the circumstances of the event, one might be lucky enough to find themselves in one of the 254 counties in Texas where the District Attorney and the police department might decide that the deadly force was justified and decline to refer it to the grand jury. The likelihood of that happening in Travis County (Austin, TX) where the OP lives is pretty slim.

Bob
  #100  
Old 03-29-2013, 09:01 AM
The Big D The Big D is online now
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For the consideration of those who aver they will always shoot...

Very recently a teenager in a Virginia suburb was grounded...but learned his friends were having a party.

He snuck out of his own home, went to the party, illegally consumed alcohol, and was delivered "home" whilst drunk. His pals helped him climb in a window of "his" house...but it wasn't his. It was two doors away.

Homeowner heard the entry, found him on the staircase, and allegedly confronted him. Teen ignored him and proceeded toward a bedroom according to the accounts.

Homeowner shot him dead.

Food for thought, one would hope.

Be safe.

Last edited by The Big D; 03-29-2013 at 09:03 AM. Reason: *Counterpoint is misspelled. Cannot edit.
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