can my wife go to jail

[titoa5]

I was just thinking,if an intruder enters my home and for some reason i cannot get to my gun and my wife grabs my gun and shots the intruder can she go to jail??

[cakeshooter]

I was just thinking,if an intruder enters my home and for some reason i cannot get to my gun and my wife grabs my gun and shots the intruder can she go to jail??

No, not at all...its legal for her to have a gun (unless there is some sort of felony in her background) and the castle doctrine makes it legal for her to shoot an intruder.

IMNAL....

[Svickstc]

INAL, but I believe she would not as long as it is justified..

If she is your wife, when it comes to guns, INAL, but whats yours is hers and whats hers is yours

[streaker69]

This would really depend upon the circumstances. Did she shoot to stop the threat and then stop shooting? Or once the threat was on the ground, did she reload and keep on shooting. One sends you to jail, and one doesn't.

[cakeshooter]

Doesn't the new castle doctrine give you the right to shoot someone who broke into your house, regardless of whether they have a weapon? I thought it said that the very fact they broke into your home makes them a threat....

[Svickstc]

^^Eh, once again, INAL, but i think there is still some gray area there...

[Dave49]

I "think" what is meant is that you only use as many shots as necessary to stop the threat. Stopping the threat and then continuing to shoot the threat after it has been stopped is probably going to bring charges against the shooter - regardless of where the incident took place.

[Cherokee60]

Doesn't the new castle doctrine give you the right to shoot someone who broke into your house, regardless of whether they have a weapon? I thought it said that the very fact they broke into your home makes them a threat....

It does indeed, but there's still the question of "disparity of force". Like Streaker69 said, shoot to stop, you're likely okay. Shoot to smithereens, reload, do it again...you're going to have some explaining to do.

INAL

[titoa5]

Thanks for the quick replies, i guess i'll have to take her to the range with me more often ..lol thanks again

[Shooter X]

For example the pharmacist who would have been the hero and saved the day when he drew his weapon and shot the one thug and dropped him in the pharmacy while his accomp took off. The pharmacist went out to his car reloaded came back in and put another few rounds in the perp. Bad move on his part