We went to an Oktoberfest celebration last year and all the balconies on the second level of our hotel were adjoined. Sure enough evidently some drunk guy from next door comes stumbling in our room at about 3AM.
I damn near went over the next day and told him how easily he could have gotten himself killed given the amount of people I know that carry in this state. Had I been with a family of my own and not just my mother there’d definitely have been an incident. :eek:
doyou have an example of such a law? one that makes it illegal to protect yourself?
That article you cited simply shows that the perpetrator (a pastor by the way) was acquitted of negligent homicide and manslaughter. That does not mean he committed no crime and that it is ok to do what he did. There is such a thing as jury nullification, meaning that some juries just won’t convict in certain situations (think Rodney king.)
As far as I know there is no state where it is required for you to flee your own home rather thatn defend it with force. Someone above said that was the law in Minnesota. If so I would really like to see that in writing. You might have a problem if an intruder is shot in the back 20 feet away from you while trying to run out the door, but even then, if he is inside the home it is my understanding that you are on safe ground.
As far as the law is concerned, that is exactly what it means. Any moral implications are outside the jurisdiction of the court.
I don’t; it’s just my sense of things from reading various news items (that may or may not be totally accurate).
I think you might be picking at one particular point and perhaps I should have been more explicit; does changing my quote to “There’re very few laws, IMHO, that are more dehumanizing than those that make it illegal to protect oneself, whatever the ultimate response.” In other words, I was thinking of having to justify the use of a gun under even optimal circumstances (inside one’s home, intruder has a weapon, etc.). Given my understanding, some states have these “flee” laws in which the circumstances are always questionable (whether they’re ultimately determined to be justified or not is a separate issue).
You are wrong, it is not what it means. No precedent is set. He was tried by the state for committing a crime and the jury declared him not guilty as is their right. However if you do the same thing there is no reaon to believe that you will not be tried and no reason to believe that you will be acquitted. Nothing to do with right or wrong, except perhaps in the first juries’ minds.
I just take exception to your phrasing. I don’t know of any state that makes it illegal to protect yourself. There are laws that forbid the use of force where there is no personal threat to you and yours. Defense of property e.g. is not a reason to allow the use of force. Defense of your home, your person or the person of another is. What you may not do is make a bad situation worse. Where you have the option to fight or flee, prudence and probably the law, suggest you flee.
I think you are referring to the castle doctrine (named with the belief that your home is your castle). Here’s a wikki link that explains in detail along with the sates that have adopted such laws:
Castle doctirine basically makes it so you have no duty to leave your home to avoid conflict. I agree with this law. No one has a right to enter a home uninvited. And a homeowner’s responsibility should NOT be to figure out the intentions of one who is breaking the law. Doing so cuts down on response time that could otherwise be used to protect themselves and their family. And YES in some sates you are NOT lawfully permitted to shoot someone breaking into YOUR house for that reason alone without “eminent threat” or similarly worded language in state laws.
This is a thread from 4.5 years ago, many of the people who posted are no longer here.
Brainns!
You’re definitely allowed to shoot zombies invading your home and no mistake.
Be sure you use zombie ammo!
Hence the need for a verbal challenge: Zombies need to be shot in the brain to stop them.
If you call out “Halt, or I’ll shoot!”, and you hear “braaaaaiiins…”, you know shooting for the center of mass won’t get the job done.
Well, since the thread has been revived and all, and since the mods haven’t closed it yet, I figured I’d drop this in, since it’s fairly fresh and relevant:
-XT
Remember the Simpsons:
Chief) And once a man is in your house ANYTHING you do to him is nice and legal
Homer) Oh Flanders, wanna come over
Chief) Ah…It doesn’t work if you invite him in
It varies by state, and anyone keeping a firearm in the home for personal defense would be well advised to have virtually a self-taught lawyer’s level of knowledge about exactly what their state’s laws say. In my home state of Minnesota you are only allowed to use deadly force “when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor’s place of abode”.
Incidentally, simple trespass is a misdemeanor in Minnesota. Meaning I can’t shoot someone just for coming into my house but I can in theory shoot them in the back to prevent their escaping out the door with my TiVo. (Which we had a thousand-post thread about).
I’ve also heard that “Castle Doctrine” and “Stand Your Ground” are two non-synonymous terms, but I couldn’t give you a precise definition.
When you get right down to it, she’d have been legally justified shooting him in or out of her house given that he was coming after her with a hunting knife.
[QUOTE=Der Trihs]
When you get right down to it, she’d have been legally justified shooting him in or out of her house given that he was coming after her with a hunting knife.
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True. But I’d have to say that anyone invading your house while you are in there is going to pose a plausible threat and justify the threat or use of deadly force. Granted, if the person turns tail when they realize someone is in the house and you follow them out and shoot them in the back you are probably crossing the line, but if you are in your house and someone breaks in there is no way to know what their intent is, or what they might try and do (take hostages? murder? rape? threaten?) I’d have to say you will almost surely be cleared of any charges, even assuming there were any charges pressed in the first place.
-XT
imho, whoever tries to break into my home will be shot dead. I’ll deal with the repercussions later. Why the F*** are they breaking into someones house to begin with. They hit my house, bad luck, guns going of they dead. Boohooo crying human rights ppl cry over it… but what if it wasn’t my house but some single mom with her kids and they get raped and murdered??? what than a tragedy, F*** that send a dang message… STAY THE FUDGE AWAY FROM OTHER PPL PROPERTIES. If you are in need of help “Knock at the door!!!”