What is lawful to do.....

[smikes]

AS a gun owner and LTCF holder when protecting what is yours?

This is some of the questions I have.

I have recently, through the death of my stepmother, taken ownership of her home , which my daugher and her new husband are living in. The house has been broken into three times in the last 20 years.
(Right on main road,closest house 300 yds away) I live 1/8 mile away.

Now , if I get a frantic call from my daughter saying someone was breaking in or attempting to break in, and I arrive before police and witness intruders exiting the house, going to a vehicle on property. What could I do?

Show weapon and insist they get down. I would hope that works.

They ignore and go for vehicle, would I be able to shoot tires to disable it?

If they present a weapon, self defence would be only option.


As recently as last November, my stepmother was lured out of the house, got her facing away from the door while someone else snuck in to go through the house.


What if I had pulled in to visit during this?


If personal responses can't be made, is there some law that I can look up so I have an idea?


Thank you for any help!

[tl_3237]

There's no hard and fast answer for the scenarios you pose. Remember that whatever you decide to do that results in injury will be second guessed to death by the 'justice system'.

Suggested reading at http://reference.pafoa.org/statutes/
- the deadly force statutes (18 Pa CSA) on protection of self (505), others (506) and property (507).

[donm]

Certainly getting as good a description of the bad guys and their vehicle as possible would be a good thing. None of my [well insured] possessions is worth either a gun battle or the possible legal aftermath. And at this point it's hardly clear what crime, if any, they might have committed in the amount of time it took you to run a little over 200 yards. By far my biggest concern at this moment would be my daughter.

[CHEMICAL]

Outside of the house there is no reason short of immediately defending your life ( or someone elses ) that would permit you to fire your weapon. If they're taking off the best thing you can do is get a description of them and the vehicle as you're rushing in to check on your loved ones. Does your daughter or her husband own a firearm? I would think that he would be the one primarily responsible for protecting the residence and his wife, unless of course he isn't home at the time.

[gnbrotz]

Outside of the house there is no reason short of immediately defending your life that would permit you to fire your weapon.

Not quite. Statutory language recognizes that use of deadly force is justified "if the actor believes such force is necessary to protect himself against":

*death
*serious bodily injury
*kidnapping
*sexual intercourse compelled by force or threat

It can also be applied when attempting to protect someone else from the same threats. Both passages (§505 & §506) have some additional factors which much be taken into consideration as well.

OP, go here, and read the first three sections of law (Use of Force in Self-Protection, Use of Force for the Protection of Other Persons, and Use of Force for the Protection of Property).

[CHEMICAL]

Not quite. Statutory language recognizes that use of deadly force is justified "if the actor believes such force is necessary to protect himself against":

*death
*serious bodily injury
*kidnapping
*sexual intercourse compelled by force or threat

It can also be applied when attempting to protect someone else from the same threats. Both passages (§505 & §506) have some additional factors which much be taken into consideration as well.

OP, go here, and read the first three sections of law (Use of Force in Self-Protection, Use of Force for the Protection of Other Persons, and Use of Force for the Protection of Property).

Ok my semantics got me again. My point was that if they're fleeing in a different direction he can't shoot

[smikes]

I knew fleeing in the opposite direction would not be legal to fire upon. Disableing the vehicle so mabey police could gain info from it was more on my mind, given they just ran. In my mind I just want them caught and off the street. Unless.

Where I live, you wouldn't think these things would come up. It is not really isolated, state police barracks 12 min away, and yet B&E happened. It is not like they can park someplace away from the residence and be able to run and come back to a vehicle later.

It's not like I expect it to happen, I am just a father.

[reverserboy]

In the situation you described...I would suggest leaving the gun in its holster. We don't want to go drawing down on a lost motorist,vacuum cleaner salesman or Jehovah Witness. Disabling the vehicle in also IMO not a good idea based on the contents of the OP. Shooting out tires works best in movies & on TV.

Your daughter & hubby need to assume some responsibility for their own physical safety. I would start with motion lights & good locks & lock hardware. If possible they should look into arming themselves & forming a home defense plan. I'm not telling you to ignore any distress call....but they should not be totally helpless.

Another member said it......I'll say it...your actions will be 2nd guessed to death by the legal system. Even if no one is injured....if a gun is pulled/pointed.....you'll be 2nd guessed pretty heavy.

[rayh059]

I understand that the law is concerned with preventing harm to yourself or someone you're protecting and NOT about catching the bad guy. Actually, disabling the vehicle could possibly lead to more danger if the bad guys have to fight their way out. IMHO, my ability to carry and use my firearm is to PREVENT harm to myself or others, the best defense is to put space between you and the bad guy... gun or no gun.

I'm sure there may be a scenario or two that don't fit in a nice neat package, for instance if they where leaving the home WITH someone (kidnapping clause) but not if they're leaving with a bag of your stuff.

[run silent run deep]

Originally Posted by gnbrotz
Not quite. Statutory language recognizes that use of deadly force is justified "if the actor believes such force is necessary to protect himself against":

*death
*serious bodily injury
*kidnapping
*sexual intercourse compelled by force or threat

It can also be applied when attempting to protect someone else from the same threats. Both passages (§505 & §506) have some additional factors which much be taken into consideration as well.

OP, go here, and read the first three sections of law (Use of Force in Self-Protection, Use of Force for the Protection of Other Persons, and Use of Force for the Protection of Property).



Thank God there is a law that protects me if some one is forcably raping my loved one. But guess what if there was no law. I'd be breaken the law and do'in the time.