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Right to use force
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WGP guy View Drop Down
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    Posted: 16 September 2005 at 7:47pm
When is it legal to shoot an intruder in your house?  What will happen to you if you shoot and kill/injure an intruder when the police show up?  Will you be arrested?

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Should I give 911 a heads up on you?
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its legal here to shoot them i live in South Carolina
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Originally posted by Apu Apu wrote:

Should I give 911 a heads up on you?


No, I'm asking what would happen in the case of someone coming into my house, I've been wondering this for a while.
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It depends on the state and the circumstances. If you live in NYC, DC, or SF, you may face a charge of possessing a firearm, but are not likely to be charged in the death of an intruder.

Most states have what's called a "castle doctrine" which means that while you are in your home or place of work you are not required to retreat from an intruder.

You never shoot to injure. Either there is a threat to your life or there isn't.

If your house is broken into, and you are armed, make sure you tell the intruder so. 9 times in 10 he'll leave, if he doesn't and advances toward you, you aim for center mass and fire.


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Yeah, depending on state laws...

If you feel that you are in danger, the intruder doesn't even necessarily have to be showing a firearm or take a step forward, if you feel you are in danger, you can shoot to kill.
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in MD, the laws are bs. if an intruder comes in armed, it doesn't matter whether you're armed or not, you have to back off. if he isn't armed, i think you can shoot/kill him if he attacks you.

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Originally posted by blandpart2 blandpart2 wrote:

Yeah, depending on state laws...

If you feel that you are in danger, the intruder doesn't even necessarily have to be showing a firearm or take a step forward, if you feel you are in danger, you can shoot to kill.

Was your point that you can shoot to kill if you feel danger anywhere? Or according to state laws?

Originally posted by bluemunky42 bluemunky42 wrote:

in MD, the laws are bs. if an intruder comes in armed, it doesn't matter whether you're armed or not, you have to back off. if he isn't armed, i think you can shoot/kill him if he attacks you.

If he is armed, you have the right to use force.

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In a lot of states, if you use excessive force in self defense (ex., you shoot someone trying to mug you, and then unload the rest of the clip into them while they're on the ground), you can be charged with manslaughter.
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We had a discussion about this awhile ago. If you shoot an intruder or hurt an intruder he better have the same weapon or better, otherwise you're screwed. Any other circumstance and he can sue you.
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Well, a guy was robbing a man's farm here and the man came out, told him to leave and I beleive the robber attacked him or something of the like.  Anyhow, the farmer shot him and he died.  The DA pressed charges on the farmer.
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Originally posted by Darur Darur wrote:

Well, a guy was robbing a man's farm here and the man came out, told him to leave and I beleive the robber attacked him or something of the like.  Anyhow, the farmer shot him and he died.  The DA pressed charges on the farmer.


That is just crazy...wow.
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Here in Ontario, if an armed intruder enters your home, you are allowed to cut off their ear. If he is unarmed, then you are allowed to douse him in gasoline and set them aflame, or cut off one toe. 3 toes if they have a knife.
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Now we can pretty much shoot anyone in Florida if we feel threatened.

Also did you know...around here if say 2 bad guys threaten you and in the process you kill one of them....then the other bad guy gets charged with his friends murder
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If you shoot someone you WILL be arrested. However if it can be prvoen you acted in self defense, you should be released.
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(not really like thte story but o well..) a german shepard came into our yard- huge male like at least 175lbs and very agressive came into our yard a lot. it chased my mom and my sister when they were outside and my mom cut her leg on a post running away(luckily the yard people were outside and helped her... they blew the leaf blower in the dog's face) and that wasnt the first time it came into our yard... it charged my dad one time so he grabbed a shovel (didnt hit it) until the owner came down. so he called the police and told them the story, how he told the neighboprs numerous times and blah blah blah and asked if he could shoot it if it cameonto our yard again. turn out no.. the dog has to be attacking or has attacked. so until it latches onto ur thoat and rips u limb from limb, no u cant do anything. but yea this forum made me think of that
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Depends on state law.  What Traveler was hinting at is that the law in ALL states generally require you to "retreat" if possible.  I.e., if a mugger points a gun at you and can (somehow) escape by taking a step back, then you are NOT entitled to shoot the mugger - at least in theory.

Most states, by their "castle" doctrines, do not require you to retreat OUT OF your home, but in most states you may have to retreat further into your home - i.e., if you can escape into a safe room, you have to do so.  The extent of this duty to retreat within your own home varies quite a bit.  The extreme is Texas, which basically does not require any retreat at all on your own property - you can practically shoot the trick-or-treaters dead and be ok (slight exaggeration).  Most states have some degree of duty to retreat even in your own home, however, but very few states will require to acually flee your home.
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Originally posted by Rambino Rambino wrote:

Depends on state law.  What Traveler was hinting at is that the law in ALL states generally require you to "retreat" if possible.  I.e., if a mugger points a gun at you and can (somehow) escape by taking a step back, then you are NOT entitled to shoot the mugger - at least in theory.

Most states, by their "castle" doctrines, do not require you to retreat OUT OF your home, but in most states you may have to retreat further into your home - i.e., if you can escape into a safe room, you have to do so.  The extent of this duty to retreat within your own home varies quite a bit.  The extreme is Texas, which basically does not require any retreat at all on your own property - you can practically shoot the trick-or-treaters dead and be ok (slight exaggeration).  Most states have some degree of duty to retreat even in your own home, however, but very few states will require to acually flee your home.



By retreat you mean get to a safer place right?  So like get in a room that is most secure (locks and stuff).  If they come into that room then you are allowed to shoot?
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I live in Texas. I'll cap anyone who steps foot into my house.
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Originally posted by ultimatetrooper ultimatetrooper wrote:

I live in Texas. I'll cap anyone who steps foot into my house.

     I'll have to remember not to try to sneak into your house and steal your Klondike bars 

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