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Thread: Am I allowed to shoot
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March 20th, 2009, 05:29 PM #1Junior Member
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Am I allowed to shoot
I am a new member, and was looking for a post with a similar situation and was unable to find one.
My question is, if an intruder comes onto my property, and breaks into my barn (or any outbuilding) that is posted with "No tresspassing" do I have the legal right to shot at, (a warning shot) or can I shoot him if he/they attempt to come at me and cause me harm.
I have several handguns but I would most likely pull a .38 with a laser site, and put the site on the perp as a deterant - in hopes that that would make them run. But, after warning them would I be allowed to shoot, either a warning shot or shot them in the person if they advanced at me?
Thanks in advance for the responses.
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March 20th, 2009, 05:52 PM #2
Re: Am I allowed to shoot
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March 20th, 2009, 06:09 PM #3Grand Member
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Re: Am I allowed to shoot
Don't fall into that "warning shot" myth.
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March 20th, 2009, 06:10 PM #4
Re: Am I allowed to shoot
It depends on how much you like jail. If you go leaving the house to chase someone to an out building and shoot them, you are asking for trouble. Shot men tell tales, and dead men tell no tales and the DA will tell tales to the courtroom.
You can't go shooting at the neighbors kid if he chases a ball into your yard. Sign or no sign. The days of the wild west are long gone.
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March 20th, 2009, 11:43 PM #5
Re: Am I allowed to shoot
A justified shoot creates a myrid of problems. One that is questionable will create living hell. Confronting an intruder would be appropriate, requesting he leave...or lie down...is appropriate. But ya can't shoot him if you have the ability to back away, or he complies to your command. And really, is it worth the severe problems caused by a shoot if it doesn't HAVE to happen? The qualifying measure of lethal force is simple....did you reasonably fear for your safety or life? Was it necessary to confront the intruder within 21' or closer?
Personally I can see where taking the shot would be a great deterent to criminals in general, a war of attrition if you will, but the law is clear. Shoot without certain critria present and your gonna be in trouble.
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March 21st, 2009, 12:47 AM #6
Re: Am I allowed to shoot
Were you in fear for your life or the lives of your loved ones? If you can't answer that with an honest yes, do not pull the trigger. Your "warning" shot is his "bullet whizzed by my head when I was looking for my cat."
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March 21st, 2009, 08:48 AM #7Grand Member
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Radnor,
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Re: Am I allowed to shoot
Look up where there is an accredited home defense course given in your area. Take it. That will answer far more of your question than any advice given here.
Know your audience. Don't try to sell a Prius at a Monster Truck Rally.
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March 21st, 2009, 11:45 PM #8
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March 21st, 2009, 11:52 PM #9
Re: Am I allowed to shoot
1. Your lands and other buildings(assuming you aren't using them for lodging) are not your place of abode or "dwelling", that would be your house proper. - so no, you cant shoot.
2. Even if it was your place of abode, you'd still have to be in fear of life/serious bodily injury/rape/kidnapping, or they must commit a felony within the dwelling.
3. You can use force, but not deadly force to make them leave.
4. If you weren't in fear of your life to shoot them, then how can you justify a "warning shot"? Its deadly force once you pull the trigger. Never, and I repeat NEVER, fall into the warning shot mindset.
Read up on this for use of "force" and "deadly force" to protect property.
http://reference.pafoa.org/statutes/...n-of-property/Last edited by knight0334; March 21st, 2009 at 11:55 PM.
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March 22nd, 2009, 12:04 AM #10Grand Member
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Re: Am I allowed to shoot
I'll add:
Where is your "warning shot" bullet gioing?
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