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Old 07-29-2012, 08:25 PM   #21
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Manta, yes different states do have different laws regarding using deadly force in defence of your life or property. but as Locutus said learn the laws of the state you live in. if we don't like the laws of the state we live in, we can always move to another that has much better laws. many states are taking huge steps forward in giving power and rights back to the law abiding citizen and taking them away from the criminals. in Texas, if you shoot or kill an intruder and it's deemed justifiable homicide, the intruder or his family have no legal recourse in being able to sue you due to the Castle Law. not all states have that provision though.
I see what you are saying. The point i am making is its never that straightforward when it comes to the law. If the intruder is running away when you shoot him or how Manny times you shoot him. Do the wrong thing and you could end up in court.

Same here if you disturbed some in your house and got into a struggle and killed him that would be reasonable force. If he ran out your house and you chased him and caught him and killed him then you could end up in jail.
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Old 07-29-2012, 08:41 PM   #22
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... An American perspective would be interesting.
We have the Castle Doctrine. We also have the God-given right to live. Stalker would meet with his maker once inside my home. (Amen and Amen to that).
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Old 07-29-2012, 08:47 PM   #23
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In my home state of Mississippi, the last time I checked, it was TECHNICALLY legal to shoot a retreating intruder IF they were retreating WITH some of your property, such as the inheritance that was stolen from me (a gold nugget and diamond ring worth approximately $4K).

I don't know if I would do it. But I do know if they were retreating empty handed I would NOT open fire.

Now, that's addressing a robbery scenario. In your stated scenario, if a man (or woman) has reasonable belief that his life is in danger (in many places, but certainly not all), he can usually legally use deadly force. Considering that person you mention is in prison for what I would consider attempted murder (what were the charges, exactly?), I would open fire as soon as that person made entry into my home. Key words: AS SOON AS THEY MADE ENTRY. If confronted on the street with no reasonable safe escape from the confrontation, again, I would use deadly force. And I don't consider turning tail and running a straight line down the sidewalk to be reasonably safe as I'm fat and slow nowadays. If I were in a car where I could stomp the gas (that's happened to me before) I'll escape instead of using deadly force.

These scenarios are legal where I live. As stated by others, know your local laws.

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Old 07-29-2012, 09:02 PM   #24
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Our prosecutors in OK are not required to take a good self defense shoot to the grand jury. Our former prosecutor gave three passes in an 18 month period. Below is one of those cases. i would not have shot that big dumb kid.

http://concealed.wordpress.com/2007/10/28/stand-your-ground-law-in-oklahoma-upheld/



In OK folks can petition for a grand jury. There is one little problem here: Few will sign a petition on behalf of a dead home invader.

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Old 07-29-2012, 09:09 PM   #25
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If the intruder is running away when you shoot him or how Manny times you shoot him
If the running perp is armed with a gun i will shoot him. i will stop shooting when he no longer poses a threat.
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Old 07-29-2012, 09:22 PM   #26
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The police need that crazy guy roaming the streets.

Their attitude is "If the 'crazy' kills this guy, so much the better,

WE'll get a higher budget next year!"

If it became known to criminals that they were to be

treated like the scum they are, what would happen to LE

budgets, when crime stats dropped to ZERO?

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Old 07-29-2012, 09:32 PM   #27
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I see what you are saying. The point i am making is its never that straightforward when it comes to the law. If the intruder is running away when you shoot him or how Manny times you shoot him. Do the wrong thing and you could end up in court.

Same here if you disturbed some in your house and got into a struggle and killed him that would be reasonable force. If he ran out your house and you chased him and caught him and killed him then you could end up in jail.
Manta, the way i see it and i am pretty sure that LE would see it the same way, is that if an intruder breaks into your home and you fire at him, either only wounding him or a total miss and he retreats and you persue him, then shoot him, it is no longer self defence but murder or attempted murder. if he flees the scene, he is no longer a threat and becomes LE's problem, not yours. and if i sat on a jury and that situation occured, i would find the homeowner guilty as charged.
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Old 07-29-2012, 09:32 PM   #28
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In the recent Internet cafe incident here in Florida, the perps started to run after the first shot from an armed customer,he fired several more shots as they fell all over themselves trying to get away. There were at least two hits. The armed customer was not charged as far as we know.

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Old 07-29-2012, 09:36 PM   #29
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If the running perp is armed with a gun i will shoot him. i will stop shooting when he no longer poses a threat.
and if he was running away and you shot him, and i sat on the jury, i would vote guilty on murder or attempted murder. when they flee the scene they are not a threat anymore. better think long and hard about how you conduct business, as it could land you in prison right along the criminals.
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Old 07-29-2012, 09:46 PM   #30
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Originally Posted by axxe55 View Post
and if he was running away and you shot him, and i sat on the jury, i would vote guilty on murder or attempted murder. when they flee the scene they are not a threat anymore. better think long and hard about how you conduct business, as it could land you in prison right along the criminals.
You don't know that! How do you know the perp is not rounding the corner to get to a trunk full of weapons? What's to say the perp is not coming back in 5 minuts with 2, 3, 4 or more perps? A person has the right to defend themselves until they no longer feel threatened

Commiting a crime is dangerous work ..... criminals need to learn this ..... even if it means learning it with their life
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