Home defense -- no shots fired

[dlbx2]

I'm in agreement with a prior post. If I have the chance to interfere with some lowlife preying on me or my family, or my neighbors, that is a no brainer. If I allow someone to get away, and one of my neighbors are robbed or murdered, and I find that it is the same guy, I have the rest of my life to feel indirectly responsible for their loss. Also, the stares of my neighbors when they find out, and they will find out. The last thing in this world that I would want to do is take anyone's life. However, my wife and I both were required to take classes to receive our concealed permits, and the two police officers teaching the class were clear about what to do or not do with regard to using deadly force. I have a security system in my home, and for someone to get past all the backups, they would have to be determined to do whatever they are there for. I know that they are not door to door Bible salesmen, or looking for ideas about Sunday School lessons. If you enter my home by force, then you will be met with force, and unless I miss with 15 rounds of 9MM JHP with a laser on his/her (yes, I believe in equal rights) chest, you will be carried out by force. There is a Security Company sign in the yard, and stickers in the corner of all windows, and on my entrance doors. That is enough. If you let someone go without consequence, it will only give them the idea that you and your neighbors are easy marks. The only gun that I have ever had pointed at me was when I got off early on my shift at the fire department so that I could go Turkey hunting the next morning. I was in a hurry and didn't think to call ahead. Back then there was no security system. My wife never spoke, I turned on the bedroom light and she was sitting up in the bed with a 6 inch model 28 pointed at me. I can't quote the conversation that ensued, but I never did that again. Most likely, the last thing that an intruder is going to hear is me whispering,"honey, put your fingers in your ears." DLB

 

[Nightowl]

I would certainly report the break in, but no need to mention the fact that you were armed when you confronted the intruder.

That's not a good idea. Such omissions can come home to roost!

 

[ladeputy]

I Agree...to a point

I'm 63 and have spent 35 years in public safety, 24 of those in law enforcement...and yes, I'm still a cop. Only after 19 years on patrol, I opted for the felony warrants division. I spent 5 years as a deputy in Eldorado Cty., CA back in the mid 70's and the anti-gun lobby was strong then. I now work in my home state of Louisiana, where the laws and attitudes are far different. Here, you're suspicious if you don't have a gun in your house. Breaking into an inhabited dwelling will add 20 years to a sentence here. In my experience, those people are more dangerous than your run-of-the-mill TV thief.

Here, we use FIR's (field incident reports)...a 1 page sheet. It's assigned a #, and filed away as a hard copy. The only thing entered into a database is the complainant's name. If there's another problem, we can pull the report and say, "Yeah...he had a break-in 6 weeks ago." You would not have a 'record'. What I don't get is the weapon confiscation thing. If it was legally purchased and your record is clean I don't see the PC. But, I'm not in CA.

My advice, look up the Revised Statutes dealing with the issue...or join the reserves.

Be Safe

 

[Stainz]

In Alabama, you might get arrested if you let the perp go - conspiracy. With our 'castle' law, you don't have to hide - you can stand your ground. If I caught someone in my house illegally, I hope I would have the good sense to not 'let them go'. Maybe it's just another reason to avoid California, as if earthquakes, high cost of living, and even more illegal aliens than we have in Alabama weren't enough.

Stainz

 

[jaykellogg]

In other words you are saying you don't want to report a crime because you "don't want to get involved".

 

[FloridaFlier]

If you confront an intruder with a baseball bat or kitchen knife, will the cops confiscate that? How about an unloaded gun, or for that matter a toy gun or a BB gun?

We're getting a bit silly here. If you're allowed to have a loaded gun in your own house for self defense, it's probably not going to put you in jail for letting the BG know that you have done just that. The world changes if you shoot somebody, but being prepared to defend yourself is reasonable, by any definition. To press the point, you don't know if he is alone, if he is armed, if he intends to hurt you or your family.


Protect yourself and your family! Isn't that why you have the loaded gun in the house? This isn't a sporting event. No obligation to give the other guy the first shot.

That's just my feeling. I will say the discussion is good, because we all really need to have thought about these scenarios beforehand.

 

[1madss]

That's not a good idea. Such omissions can come home to roost!

How? I call to report the break in and tell them I came in and told him to get out. He got out. Is the intruder going to dispute my report?

If asked I would tell the truth, but what is the need to tell that you have guns, securely stored, in your house?

 

[walkin' trails]

First of all, a guy breaks into your house. You grab a firearm, and using all caution, confront the intruder. You don't know his intentions - he may be a common variety burglar, he may be a person who lost his mind and is just wondering, or he may be there with intent to do harm to a defenseless, innocent victim. You confront him, he sees you have a firearm, he leaves. I would still call the police. You should probably try to be on the phone calling as you are readying yourself to defend your life. The police, if they are on the ball, may be able to find forensic evidence to use against this intruder. He may have been involved in other criminal activity. They might clear a major case and convict a serial offender. If you are where you're legally supposed to be with a legally possessed firearm - and you did not use deadly force - you just protected yourself in your dwelling, I can't see the state making a case against you. On the other hand, you do live in Kalifornia, so it would be better if you consulted a competent and reasonable attorney for advice on such matters. I realize the even people in KA defend themselves on occasion, and I can't see all of them going to jail.

 

[pineappleshooter]

Here is the order of what would happen at my place:

BANG! BANG! BANG! BANG!......Freeze or I'll shoot! Nuff said.

 

[Sebago Son]

Make the report. Create a papertrail in case he comes back with buddies to even the score. Put your house on the market. Move to a Free State.

 

[Jeffersonwasright]

So, you order him down on the floor or you demand that he leave. While you're doing that, his buddy - who, unknown to you, entered first and has slipped into the next room - steps out and shoots you? Unless you actually witness the entry, I think there may be a big risk in not immediately shooting an intruder when you first see him.

 

[PALADIN85020]

All I can say is that I'm SO glad I live in Arizona rather than the People's Republic of Kalifornia.

I can have a gun or guns without registration. I can wear one openly or discreetly almost anywhere. My home is my castle. Anyone in it without my permission is subject to being shot with no second-guessing from the law.

I am a free man, a law-abiding man, and I do not fear the law for doing what's right. I really feel for those people who do in those states where they are not free. I wish the same freedoms I have for all in this country, but it's an uphill battle now to make it so. For those who simply cannot stomach their oppressive laws, Arizona will welcome you. Live free again. Tell 'em John sent you.

John

 

[SMSgt]

My inclination is to put him on the ground--peacefully or otherwise--and keep him there until the LEOS arrive rather than let him leave and make some outrageous claim against you that would never be believed outside of CA.

 

[Cal44]

All I can say is that I'm SO glad I live in Arizona rather than the People's Republic of Kalifornia.

I can have a gun or guns without registration. I can wear one openly or discreetly almost anywhere. My home is my castle. Anyone in it without my permission is subject to being shot with no second-guessing from the law.

I am a free man, a law-abiding man, and I do not fear the law for doing what's right. I really feel for those people who do in those states where they are not free. I wish the same freedoms I have for all in this country, but it's an uphill battle now to make it so. For those who simply cannot stomach their oppressive laws, Arizona will welcome you. Live free again. Tell 'em John sent you.

John

Actually I was born in Tucson and grew up in Phoenix.

My dad taught me to shoot at age 8 and took me to an NRA gun safety class at that age.

But I became a computer engineer and Silicon Valley is the center of the Universe in computers, so I spent my work career there.

My wife's family and most of our friends are still here in CA, and now we live in the Eastern part of the Sacramento metro.

If it were me, I'd probably move back to AZ and, in fact, still own a house there. But my wife won't consider it.

I'd never have these concerns if I lived in Arizona.

Dave

 

[cmort666]

1. I would report a break in.
2. I have zero desire to forcibly detain somebody in my home who doesn't belong there. I didn't want them there in the first place; why keep them around?
3. At least in Ohio, absent other factors (you're a prohibited person, etc.), there's no legal basis for police confiscating a gun that was not fired, because YOU report a crime.

 

[Stevens]

Suppose one is holding a burglar at gunpoint and he simply turns around and walks out the door? Shooting him in the back would seem to counter the "fear for your life etc, justification. What happens then?
Steve W

 

[venomballistics]

1. I would report a break in.
2. I have zero desire to forcibly detain somebody in my home who doesn't belong there. I didn't want them there in the first place; why keep them around?
3. At least in Ohio, absent other factors (you're a prohibited person, etc.), there's no legal basis for police confiscating a gun that was not fired, because YOU report a crime.

yup .. this is the approximate jist of it
yes .. report it.
the cops can't chase bad guys they don't know about and your insurance won't pay for the damage on your word alone.
they don't give windows and doors away.

to detain or not to detain ... that is a good question ...
It would be far more productive in the long run to detain the perp. Its the fast track to ending his life of crime .. or at least putting it on hold for a while.
However, this act tends to conflict with something in human nature. the perp is an imminent threat, and we'd much rather have that threat removed now, rather than 15 - 30 minutes later.
Sending the perp off to beat a retreat eliminates the presence of the threat in a matter of seconds, allowing your blood pressure to return to its normal in a more timely manor.

Confiscation of arms ...
With the constant weather changes at state, fed and local levels towards arms, its more a function of what the gov thinks is in fashion at the time or even what the responding officer thinks is policy. With no time to refer to the law, they take their best guess. Some get it, others don't.
They may be inclined to offer a gift card to a LGS so that you have ammo to use next time, or they may be inclined to load em all into a squad car tagged as evidence. Just depends on who you get responding and where you are

 

[Cal44]

Suppose one is holding a burglar at gunpoint and he simply turns around and walks out the door? Shooting him in the back would seem to counter the "fear for your life etc, justification. What happens then?
Steve W

And another issue with holding someone.

How do you know he isn't armed?

So you make him lie face down and put hands on his head.

And then he removes his hand an reaches into a pocket.

Do you shoot him then, perhaps in the back?

Or do you wait to see if he has a weapon before you shoot -- and risk getting shot yourself?

I'm not trained in checking, cuffing, and disarming a person, and don't have cuffs anyway.

I'd rather let him run away if he wants too.

Dave

 

[cmort666]

They may be inclined to offer a gift card to a LGS so that you have ammo to use next time, or they may be inclined to load em all into a squad car tagged as evidence. Just depends on who you get responding and where you are

But "evidence" of... WHAT???

That you own guns? Aside from other facts not in evidence, that's not a crime, nor evidence of any OTHER crime, allegedly committed by you OR the intruder.

If a home invader/burglar sees my firearm and flees with no shots fired, what possible "evidence" could my firearm(s) provide?

• My firearms don't have a "dash cam".
• Are the police going to "interrogate" my guns? They can't talk. They can't even provide a written statement.

The odds of guns being taken in such a circumstance, at least in Ohio, are pretty slim. I wouldn't live some place where the case was otherwise.

 

[MaximumLawman]

You catch a burglar in your house and don't arrest him and hold him for police but just tell him to leave? You'd have to have a screw loose in my opinion. He could be wanted for a million other things, he could be part of a serial burglary crew that's been hitting your neighborhood for months or he could have just pegged you as a witness that needs dealing with later or an easy mark for the next burglary when he comes back to steal your guns or the other nice stuff he saw in your house. Remember what happened to Gentle Uncle Ben when pre Spiderman Peter Parker passed on an opportunity to grab a holdup man.