A Tragedy

[BB57]

Definitely tragic.

Imo, any intruder is life threatening, but he should have ID'd his target.

It depends on the jurisdiction. In some states you could indeed shoot someone attempting to enter your residence as you have a legal right to assume they are doing so with the intent of committing murder, rape or great bodily harm to you or your family. In other states you cannot.

Once inside your house the rules may change depending on the jurisdiction. For example in some states I could legally assume that if you are in my house you are there to commit murder, rape, etc, and again legitimately use lethal force. In other states I may have a burden to retreat and in yet other states my options might depend on what you are doing. If you are advancing on me with a weapon that's probably sufficient justification in many of not most jurisdictions. However if you are just trying to run out the back door with my TV in many of not most jurisdictions anything more than physical force is probably excessive.

VA is a good example, where you can shoot someone breaking in the front door, but not running out the back door. Even in the first case, VA is an affirmative defense state and you'd have to be arrested and charged with second degree murder and then demonstrate in court that You had a legitimate justification of self defense for the homicide. Plan on big bucks and lots of stress, job loss, etc, unless it is an absolutely, ridiculously clear case of self defense where the prosecutor would be looking like an idiot charging you and prosecuting you.

Then there are little oddities and distinctions. In NC for example, you can shoot someone who broke into your attached garage, but if it's an unattached garage, it's just a properly crime and you cannot employ lethal force.

The short story here is know your local laws pertaining to lethal force as well as those in any state you might be concealed carrying in as you travel.

Also keep in mind that you are legally speaking always better off if you have not just a legal justification to shoot, but also a very compelling *need* to shoot in the form of a *total lack* of other options.

 

[kbm6893]

I get what you're saying, but this is my point:

A post referenced the case of a guy who shot the neighbor's drunk kid caught climbing through the window, and it is assumed the kid was just sneaking into the wrong house. What if he wasn't? I've also seen stories that a significant number of robberies are done by neighbors. What is the owner's responsibility in identifying who broke in or his state of inebriation?

I live alone. No one has any right to be here except me. If someone forcibly enters in the night, all I know is he shouldn't be here. When 'identifying my target' what does it matter who specifically it is?

Your situation is different. You live alone. There shouldn't be anyone in your house but you. You shoot at a person climbing in your window, that's one thing. Still, every attempt should be made to identify your target. And just because it's your neighbors kid mistaking your house for his, you can't know that. I wouldn't be calling for a prosecution in that situation. Intentional or not, the kid would have no legal right to be there.

This man shot his own daughter in her own house. He didn't call out, he didn't illuminate her. Hell, she was in his GARAGE. Not even the house. You hear a noise in the garage, cover the door and call 911 while calling out. He would have heard "Dad, it's me" and she'd still be here.

 

[biku324]

^^^^This. A tragedy that so easily could have been averted.

 

[sourdough44]

I've heard a few of similar stories over the years, older kids, wrong address, whatever. I'm of the mindset to take a few seconds for positive I.D.. Just cuz you're surprised, there isn't necessarily evil intent. We've had the drunk person(in news, not here) end up at the wrong address with dire outcomes.

Not to seem passive, but if investigating a suspicious noise, my 1st thought isn't to shoot whoever I see.

 

[biku324]

Now you're in trouble with SD gamers!

 

[sigp220.45]

I've meant to ask this before, so here goes.

You're in your bedroom upstairs and you hear "a noise" downstairs. For some reason, you have no dog to handle it.

You grab your trusty bedside blaster. Then what?

Call the cops and hide behind the bed?

Take your trusty blaster and clear your dark house?

Turn on the light affixed to trusty blaster and look for baddies?

Shoot your kid in the garage?

I have a free-range 125 pound Rottweiler to handle such conundrums. If its my kid, he will wiggle himself into uselessness. If its a baddie, he will latch on until I show up.

If I didn't have stalwart Randy, I would grab my bedside Beretta, turn on ALL the lights, and see what's up. I'm not bumbling around in the dark. If there are baddies, we will sort it out.

Of course, I have Randy. So, if he's eating someone I will help him out.

If I hid behind the bed and called 911, the cops would kill him on arrival so that's out.

What's your plan? Shooting my own kid is a no-go for me.

 

[Rustyt1953]

What's your plan? Shooting my own kid is a no-go for me.

As most here know I have children under roof. I keep the upstairs hall light on at night and keep low wattage lights on in the downstairs rooms.

Last month we were all awakened by a tremendous crash downstairs. Ruthie, with LCP in hand, pulled the boys into our bedroom. I, with trusty blaster and adrenaline at the ready, slithered downstairs.

One of the cats had knocked a soup tureen off the top of the china cabinet shattering said tureen. It took a while for all of us to unclench.

The moral? Like Brad, I ain't shootin' anything in the dark.