Breaking and entering

[Pocat6]

alright sounds great! Im not that big of a person but these kids are il make sure to have a cop on speed dial if sumthing begins to happen. I dont want this to come down to me shooting sum1 and going to jail for life!!!!

[pirateron]

Originally Posted by GunLawyer001

The only instance of which I'm aware that someone shot another person through a door and avoided prosecution was outside Waco, Texas a few years back. But they had ATF badges, and they make their own rules up as they go along.

Don't even get me started with THAT one. OR Ruby Ridge.

[Pocat6]

http://answers.uslegal.com/questions.php?q=7674


this clears up everything... I cannot shoot sumone legally unless they are inside my house and are about to kill me or one of my friends. So Now I know thank God...LOL

[GunLawyer001]

Originally Posted by Pocat6

http://answers.uslegal.com/questions.php?q=7674


this clears up everything... I cannot shoot sumone legally unless they are inside my house and are about to kill me or one of my friends. So Now I know thank God...LOL

Not exactly.

The simplest rule of thumb is this: If your choice is between being dead or being in prison, then shoot, and accept the jail time. You may be found to have an excuse and you can avoid jail, but assume that you're going to trial, and will be convicted. If you still think that shooting is worth that price, then go ahead.

I would make that choice under a variety of circumstances. I'd rather rot in jail than watch a member of my family be murdered. I'd rather learn the skill of prison tattooing than die in an alley. I'd even rather ruin my resumé and spend my evenings in "Shiv Making 101" than stand idly by while a stranger pulls a another screaming stranger into his van.

But you never get a permission slip to shoot another person, and it's never sport, or as fun as it looks in the movies. If you can get away and live with the consequences of NOT shooting, then don't shoot. Shooting is the last resort, a final, desperate option to avoid a slightly worse horror.

[jon'76]

Don't allow the law to cause you to sacrifice your life.

Remember if you really feel you or someone else is in immediate danger then you are justified. If the police or more likely the DA wants to play games there's not much you can do.

Here's what I would do:

1.) Immediate threat to my life
2.) Shoot until the threat to my life no longer exists
3.) Call the police (If you aren't already on the phone with them since before #1 or 2)
4.) State: "My life was in danger and I stopped the attack" or something similar and nothing more.
5.) Call your lawyer immediately and say nothing to the police when they arrive, and when he arrives allow him to speak for you.
6.) If you are booked, which is likely, say nothing. (except name and all that booking stuff)
7.) Be respectful but firm with the police they are just doing their job and you are doing yours no need to have any hard feelings

[dman]

You and you alone know the full extent of these threats.Life is hard,death is easy.If possible,hope him to live to be 400years,but not at your or your loved one's expence.You've been given sound advice here,use it.I do agree with Bmarshall91,if able,get a dog.They're great companions and a great first line of deffence.Hope everything works out peacefully,good luck and she's lucky to have such a good pal.

[eells]

Originally Posted by LittleRedToyota

probably not.

it would be hard to justify why you were in fear for your life if the door is not breached. it might also be hard to justify that threatening to "kick your ass" constituted a threat to your life or of serious bodily injury.

you really need to take a good class.

buddy of mine got charged with terroristic threats for saying that word for word. no lie

in pa i believe the law is that if you are in your house you do not have to retreat. castle doctorine, not perfect, but pretty good. if he kicks in your door you can throw lead at him, but for just walking up your drive way you cant do anything yet. unless he is armed.

in other words its the same as a situation anywhere else, except you are not required to retreat to justify lethal force. but thats just my understanding

[seaotter]

I'm new here, but I have a similar situation. In my case I'm being stalked by a nut. He looks in my windows any hour of the night. He has tried to get into the house, god only knows how many times. I even had this nut playing hide and seek for two hours early one morning at my bedroom window.
nO it is not legal to shoot him for this. I fear for my life, but he is still outside. If I shot him, I would be charged with murder.
I am prepared if he gets in. I sleep with a haandgun under my pillow every night. still, even if he gets in, I am only justified in shooting him if I cannot get away or am in danger of being attacked, fearing for my life. If he came in and I woke up, he might turn and try to get away. Do I shoot him in the back? NO I do not have just cause in that case. As stated earlier, the law states using deadly force is a last resort.
Believe me, if the law were different, I would have shot this guy. I also live in a rural area in Tioga county. Police won't arrive for maybe a half hour at times. Thats what I know and would do. Hope that helps this fellow.

Mark

[LittleRedToyota]

Originally Posted by eells

in pa i believe the law is that if you are in your house you do not have to retreat.

that is correct. the duty to retreat does not exist in your home.

however, you do still need to be in fear of death, serious bodily injury, rape, or kidnapping to be justified in using lethal force. the difference is that you are not required to, if possible, retreat (rather than use lethal force) to end that threat while in your house (whereas, outside your home or place of business, you are).

[soup]

Dude, it's some

Sorry but I cant take things serious when people are talking about "lightin' someone up" and typing things like sum1. You might want to consider how you represent yourself, even if it is just the internet. It will help you in the long run.