Estimated reading time: 5 minutes
Although having a firearm for self-defense is a good idea, hopefully, you’ll never have to actually use it against someone. Having to pull the trigger on an intruder can lead to tragedy, with some homeowners going to jail for killing people who broke in.
It’s easy to think that your right to defend your family and property is the most important issue of all, but if you shoot at criminals indiscriminately, you could end up being classed as a criminal, too.
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The moment when you decide to invest in a gun and a gun safe for your home is also the time to look into the laws and issues surrounding the use of a firearm for self-defense purposes.
The Facts About Self-Defense
Self-defense is when you use a reasonable amount of force when faced with danger to you or your family. If you can prove that you acted in self-defense, then in most parts of the world you will be acquitted of any wrong-doing even if you kill the person who broke into your home.
However, this isn’t as clear-cut an issue as you might think. Plenty of people who have claimed to be acting in self-defense have gone to prison because they couldn’t prove that they used reasonable force or that they needed to shoot the intruders, as we saw recently in a case in Washington.
Imagine a group of burglars, each armed and clearly looking for trouble. In this case, you would expect to be justified in using force for your own protection. On the other hand, if they are unarmed or give themselves up, then you will find it difficult to justify your actions.
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Of course, even if you use self-defense in a justified way, you’ll still need to convince the authorities it was justified, as well as live with the consequences of your actions.
When There is No Other Option
To put it simply, there may be times when you feel that there is no other option but to stand up for yourself and shoot an intruder. Perhaps they have a gun or some other weapon that they are brandishing in a threatening way.
This is the sort of example of self-defense that is most likely to see you escape a criminal charge. If you are put into a situation in which there is no other way to ensure you and your family’s safety, then you would expect the law to look on you kindly.
A good idea here is to look at a few precedents in the state where you live. If there have been cases where homeowners have gone to prison for defending themselves then you will want to see what kind of situation tends to get punished.
When It Isn’t Planned or Pre-Meditated
It might seem strange to consider the shooting of an intruder as being planned or pre-meditated. After all, it is the other person who has broken into your home that has planned it all.
However, there have been a few newsworthy cases in recent times around this exact subject. For instance, you may have seen the hugely controversial case where a man in Minnesota was accused of baiting his home to tempt repeat burglars back in.
You may have seen signs and doormats that say things like “We Don’t Dial 911” or “Due To Price Increase On Ammo, Do Not Expect a Warning Shot.” These signs are funny, but beware of putting them up because a lawyer could argue that they’re evidence you were looking for an excuse to shoot someone.
If there is any hint that you have set a trap for burglars, then you run the risk of being painted as the person at fault, rather than them. It might sound incredibly harsh, but it is worth recalling that the case in Minnesota ended with the homeowner being sentenced to life in prison on charges of first and second-degree murder.
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What About the Castle Doctrine?
For those people who live in the United States, probably the biggest difference in how their case will be treated will come down to whether or not their state adheres to the legal stance that is called the castle doctrine or castle law.
This is what determines the duty of a householder to retreat to safety or their right to stand their ground. So, if your state’s laws give you the right to stand your ground, then you can protect yourself without the need to look for a place of safety as your first option.
Despite this, there have been cases in which someone living in a state that adheres to this stance has still been convicted of murder for standing their ground. This means that there is really no simple way to know what the legal outcome will be if you shoot an intruder.
Again, it is vital that you take a look at the way these sorts of cases have been dealt with in the place where you live, as that will let you see the kind the kind of approach that is typically taken there.
Summary
Having a gun at home gives you a huge responsibility to use it wisely in difficult moments. If you wake up in the middle of the night to the sound of someone breaking in, then your heart is sure to start racing while you try to work out what to do.
By doing some advance research into the legal matters, and considering your own moral stance on this issue, you can feel ready to face up this challenging moment if it ever arrives. Don’t wait until the heat of the moment before you think about your rights and responsibilities as a gun owner.
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First and foremost know your State laws concerning this. Know, too, that your chances of ending up in court are high, regardless. If it does happen, try your best to be the one to call the police about the incident. When the police arrive make damn sure you are not holding your firearm. It should be on the ground with the slide locked to the rear and magazine removed. A ‘wheel gun’ should be on the ground, cylinder open and unloaded with all spent casings and live ammo beside it. Long guns or shotguns should be the same. Your hands should be in plain sight and do not make any unnecessary or sudden movements. Answer any questions in a brief manner and do not try to elaborate on anything. Ask for a lawyer. Remember, the police are not your friend in all this. Be prepared to go ‘downtown’, even if the situation is clearly an act of self defense. If you hand load your own ammo…do not use it for self defense. Buy a good self defense load that is commercially available. A prosecutor, who is only mildly competent, can make the case that you loaded your ammo to be more lethal and deadly. Again, know your State laws concerning all this and research just what you might face. Be safe.
Along with learning how to safely handle your firearm, learn the Law concerning ”Stand Your Ground”, ”Make My Day”, or whatever your State and Municipality’ Castle Doctrine is. Learning what the Law says about the circumstances that need to be present, for these laws will save you a load of grief in the event you’re forced to protect you or your families lives from criminal threats. It’s also a good idea to know lawyers in your area that have experience in defending this area. Do Not Allow the Police to question you without invoking your right to an attorney. You have the right to counsel, so invoke it. LEO’s involved in a shooting are given time and offered representation before their use of lethal force is reviewed, so you’re use of lethal force is no different. In the adrenaline fueled aftermath of defending yourself, the slightest misstatement will be used against you, so close your mouth and request an attorney.
Very good advice.
Arizona is one of more than 20 states with the self-defense law called the ‘Stand Your Ground’ Law, which gives individuals the right to use deadly force to defend themselves without any requirement to evade or retreat from a dangerous situation.Oct 16, 2018
To protect you and your family is priority number one, don’t be fooled that anyone breaking into your house is about making friends, it’s about someone who won’t think twice to kill you. The law won’t be sitting inside your house to protect you, be wise and smart and dont be stupid and dumb.
You all know the image of “Lady Justice” with the weighing scales in one hand and a blindfold over her eyes. The law is not always right. In fact, it is frequently wrong. I would rather be judged by 12 than be carried by 6 to my grave simply because I mulled over what the law might think when someone breaks into my house.
It is legitimate in my view that if someone breaks into your house they do not have good intentions in mind. Sensible “stand your ground” and “castle” laws are becoming more prominent and rightly so. The snowflakes and libtards want to have the right to invade your life, your house, your country and everything you have is theirs. I say no. Much of America is saying no to the leftist turn the other cheek bullcrap too. Defend yourself and defend whats yours.
Consider getting a membership with one of those Legal Assistance Groups specifically for events like this. You will have access to an attorney specialized in your state’s laws and at your call for an emergency. Some have benefits relating to bail. But it is like insurance , you have to get it before you need it.
Interesting info…in California,you can shoot a bad guy ONLY when you have reached the farthest point AWAY from him/her as possible..that’s their version of the Castle Doctrine..protect the bad guy at all cost…doesn’t matter if you never make it that far, or perhaps you have a loved one who is bed ridden and can’t move at a seconds notice to avoid being hurt(killed) as in my case…what do I do..can’t leave her there as I run away to get my weapon…have to face them right from the moment they come through the door.. going by the liberal support for bad guys and illegals, I’m screwed!!!!!!!!!!
I have a friend that went to prison for FIVE YEARS for brandishing a weapon at the intruder that broke into his home. It would have been easier it he had shot and killed the guy rather than chase him off!
Being a disabled Veteran, Above Knee Amputee, Colorado has a Make My Day Law… similar to the Castle Doctrine… If the need arises (and I say IF THE NEED ARISES) I being unable to run or hide reasonably, it wouldn’t be hard to see me shooting someone, Heaven forbid, I have a conscience and would be armed, but try to make someone leave first… if they don’t then I would have to live with the outcome. Like I said, I have a conscience and it would bother me a lot. My wife works at a detox and gets threatened about 6 times a week… we were once threatened at a diner because I had the management ask a motorcyclist to take his bike out of the handicapped loading area… He did go to jail for not paying his bill, and threatening me in front of 25 or so people, and outstanding warrants. I at that point kept a loaded handgun(s) where I sit in our place… my wife was a reserve cop and knows how to use my/her firearms… lets just PRAY I never have to kill anyone else during my lifetime.
Only for Usa, not for Europe.
The article didn’t really answer the title – and that’s understandable because the answer is very complex and, as the article states, a lot depends on where you live and the circumstances at the time.
I strongly suggest getting the free DVD from bulletproofdefensedvd.com (I have no profit motive, just sharing my personal experience.)
There is a small – reasonable – charge for shipping, but the charge does not appear to be a bloated profit maker in disguise. Even the “up-sell” is low key, no pressure.
I have watched the DVD several times over several years and am convinced that doing so is a great legal defense should I EVER need to terminate an attacker/home invader. The education I received improves my stance as “a reasonable man” (the basis for a legal defense) should I ever need to defend myself with lethal force. Indeed, in my humble opinion, I
Since I had 82 and always a kindly fellow I might simply ask why the invader wanted to rush his entry into eternity and by current actions Hasen his entry which he probably had arranged by his life long reservations that he had consistently made for his eternity in hell!
WHOA, that title is eerie!
“When CAN we..”???
I get it, truly, but that language is the kind of thing that is bad every way you look at it.
first, libs would descend on that as proof that gun ownership should be outlawed.
second, Some folks (albeit few) might not understand all the nuances of that wording…lots could go wrong there.
In short, this is not a great topic for “latrine lawyers” as we called them in the service.
BUUUUT.. the author CLEARLY points this out at the end of the article..
Scary subject, Take it seriously.