Author Topic: Shooting an intruder  (Read 1801 times)

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Offline KHCreason

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Shooting an intruder
« on: January 04, 2013, 12:54:39 AM »
I had a conversation with my buddy earlier today and Google didn't show much, but I am not quite sure how toward my question into the engine. He thinks that if you shoot and DO NOT kill an intruder, you can be charged with assault with a deadly weapon, whereas if you shoot and DO kill an intruder, it is home defense and the Castle law is in effect. He says that if he loads his shotgun with bean bag rounds that he can't be charged with assault with a deadly weapon if he doesn't kill the intruder, and says that if you DO shoot at someone in your home, you HAD BETTER kill them because otherwise YOU are the one getting screwed later with crappy laws.

That doesn't sound right at all, I would think that if you had a non-fatal first shot and it kept them down, thereby neutralizing the threat, you would still be protected under the Castle law. For what its worth, I am in Colorado and Oklahoma.

If my question doesn't make sense let me know, because its really bugging me now.
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Offline 1SOW

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Re: Shooting an intruder
« Reply #1 on: January 04, 2013, 02:24:16 AM »
Let me ask you a question.  Seriously, why would you shoot someone?

After you answer this question,  you've made your question irrelevant.  Being "charged" and being "sued" are two completely different things. There are the consequences of staying alive and "possibly" being sued which you have NO control over, or you and/ or your family being dead /seriously injured which you can try to prevent.

In TX and OK, if you're in your home, someone forces their way in/breaks in and you fear for your or your families life,  your unlikely to be troubled by litigation.  On the other hand, anyone at any time CAN sue you whether the bad guy is alive or dead., .  It's an irrelevant possibility.  In TX and OK "most" judges will throw out the case.   If you're not in your home, could you have escaped instead of using lethal force?  Again, why/when would you shoot?
In TX it's legal to shoot a car thief in-the-act in your driveway.  There was a case not to far back, where a thief was stealing a large flower pot off of a front porch and was shot.  It was deemed legal and no arrest was made.   

Where do you draw the line?  I'm not sure where I would , except for fear of death/harm to me or mine; then there's no questions in my mind.
I also know, I have absolutely no use for a bean-bag gun.         
 
In other places, there's no telling.  California comes to mind.  AND again that's not the issue you have any control over.

     

Offline Stogies

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Re: Shooting an intruder
« Reply #2 on: January 04, 2013, 05:29:06 AM »
That highly depends on your location and State laws.

Offline KHCreason

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Re: Shooting an intruder
« Reply #3 on: January 04, 2013, 09:34:36 AM »
Let me ask you a question.  Seriously, why would you shoot someone?

I would only shoot someone if they put myself or my wife/son in immediate danger. Especially in the case of our current living situation, there's no where to go due to the placement of our room inside our top-floor apartment. If they beeline for the master bedroom, I wouldn't have a choice.

[/quote]
After you answer this question,  you've made your question irrelevant.  Being "charged" and being "sued" are two completely different things. There are the consequences of staying alive and "possibly" being sued which you have NO control over, or you and/ or your family being dead /seriously injured which you can try to prevent.

In TX and OK, if you're in your home, someone forces their way in/breaks in and you fear for your or your families life,  your unlikely to be troubled by litigation.  On the other hand, anyone at any time CAN sue you whether the bad guy is alive or dead., .  It's an irrelevant possibility.  In TX and OK "most" judges will throw out the case.   If you're not in your home, could you have escaped instead of using lethal force?  Again, why/when would you shoot?
In TX it's legal to shoot a car thief in-the-act in your driveway.  There was a case not to far back, where a thief was stealing a large flower pot off of a front porch and was shot.  It was deemed legal and no arrest was made.   

Where do you draw the line?  I'm not sure where I would , except for fear of death/harm to me or mine; then there's no questions in my mind.
I also know, I have absolutely no use for a bean-bag gun.         
 
In other places, there's no telling.  California comes to mind.  AND again that's not the issue you have any control over.
[/quote]

Thanks for the information and point of view. I'll have to look into the Colorado setup in more detail, but it looks like Oklahoma will be fine if something should happen while back home.
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Offline KHCreason

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Re: Shooting an intruder
« Reply #5 on: January 04, 2013, 01:00:27 PM »
Thank you so much Calan! Questions officially answered, I'll show this to my friend this evening.
CZ-75 Compact
HK P2000SK LEM
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CZ-82/83
H&K HK45c