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September 15th, 2009, 02:03 AM #1
Use of deadly force in Rented vs Owned home?
I searched and came up with nada,
The lease on my townhome states that "firearms are not to be discharged anywhere on or in the property"
So hypotheticly speaking, if a home invasion would occur, my understanding is that from a criminal standpoint, it makes no difference owning or renting if deadly force was used justifiably.
I have to assume that my lease would be considered breached and I would be asked to leave/evicted. And be responsible for any damages incurred. I'm ok with all that.
Is this correct? Or does renting change the dynamics of any criminal or civil ramifications in the use of deadly force during a home invasion?The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.
Ayn Rand
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September 15th, 2009, 02:36 AM #2
Re: Use of deadly force in Rented vs Owned home?
IANAL, but I'm pretty sure that's just to make sure you don't go about shooting up the property for the hell of it.
It also takes the liability away from the owner should a bullet go through a wall and kill one of your neighbors or something like that.
I'm pretty sure in the event of a home invasion anyone with even a quarter of a working brain would understand the need to shoot someone.
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September 15th, 2009, 03:28 AM #3
Re: Use of deadly force in Rented vs Owned home?
I agree with the liability factor you speak of, I just want some hard evidence to rely on in the event it would ever happen. God help me if a jury found that it wasnt justified because of some stupid technicality in my lease. I prefer to be as informed as possible. Call me peranoidif you want, I say "stranger things have happened".
The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.
Ayn Rand
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September 15th, 2009, 06:56 AM #4
Re: Use of deadly force in Rented vs Owned home?
"132 and Bush I've got him at gun point, OK gun point, 132 and bush, cover is code 3"
[SIGPIC][/SIGPIC]
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September 15th, 2009, 07:09 AM #5
Re: Use of deadly force in Rented vs Owned home?
The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.
Ayn Rand
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September 15th, 2009, 07:14 AM #6
Re: Use of deadly force in Rented vs Owned home?
they expect you to just throw it at the invader....
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September 15th, 2009, 07:22 AM #7
Re: Use of deadly force in Rented vs Owned home?
ha, no I think they just want to deter you/me from discharging a firearm, and at the same time, reserve the right to kick me out if I do, even if its a "clean" shoot, I'm ok with that. A neccessary evil of renting I suppose.
The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.
Ayn Rand
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September 15th, 2009, 09:00 AM #8
Re: Use of deadly force in Rented vs Owned home?
You can discharge firearms in a residential area; however, you can use deadly force to defend yourself if you feel that your life would be in danger.
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September 15th, 2009, 09:44 AM #9
Re: Use of deadly force in Rented vs Owned home?
You might be responsible for the cost of crime scene clean up. Renters insurance may not cover it.
If you are gong through Hell, keep going.--Winston Churchill
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September 15th, 2009, 09:56 AM #10
Re: Use of deadly force in Rented vs Owned home?
The lease is a private covenant that will have nothing to do with a shooting as stated earlier. Any shooting will be judged on the applicable statutes as to whether or not it is justifiable. A lease (private agreement) will be of no regard to determining whether or not a shooting was justified.
Breaking a lease is not an automatic mechanism. I would not worry about being evicted by a landlord if indeed you are involved in a shooting on leased property. The landlord would have to take action against you to evict you and to terminate the lease. The interest of the landlord exists in getting paid rent and maintaining the property. Thus, if such an event were to happen and you did not completely destroy the property or stop paying rent I doubt it shall be a problem.
You do have renters insurance right? Check the limit of the policy, increasing it to say 300 or 500k is probably not that expensive and may be a good idea.
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