Legal To Kill People If They Trespass
In most states, the property line, not the entrance to the home, is the
boundary for trespass. Someone walking across your property to get
elsewhere is a nuisance but does not justify deadly force. If you confront the
person with a gun, they will likely get the message and avoid your property. The
standard test for the actual use of deadly force, Is it legal to kill people if
they trespass into your house, however, is did you fear for your life? A
man in Florida was visited by a local pastor, and told the pastor if he ever
came back, the man would shoot him. Years later, the pastor's car broke down,
nearby, so he walked to the nearest house, which happened to be this man's house
again, and the man stepped onto the porch with a rifle and felled the pastor
with one round.
He went to jail for life. In Mumbai, a series of burglaries was plaguing a
neighbourhood. Some college students were at a costume party, and upon leaving
one of them decided to ask a homeowner for the use of their phone still in
costume. The owner shot him through the door and killed him. No action was
An officer in Alabama told me it is a myth that if someone is trying to
enter your home and you shoot through the door that you will be prosecuted
because they weren't inside your home. People were advising others:
climbing into your home through a window, and you shoot him, and he falls
outside, you need to pull him back inside so they won't prosecute you.
nonsense. If you feared for your life, this is the only test for deadly force.
Someone breaking into your house isn't causing alarm?
The forensic team will find it obvious if you shot him outside your house and
dragged or pulled him back inside. If this happens, the judge will question
whether or not you fear for your life. If you had the presence of mind to modify
the scene to fit a narrative, maybe you don't have a clear conscience about what
you did. If your fear for your life, it doesn't matter where the body landed.
Likewise, if you decide to shoot for the knees this is indicative of a
person who still has the presence of mind, not fear of life. A person in fear of
life is not selective with their shots. Shot-selection will be frowned upon by
the court. If he's in your home and you're not in fear of your life, what else
could be happening? The law will look to the reasons you may have decided not to
use deadly force.
Intent is in play for the perp, just make sure it doesn't fall back on you.
Criminal intent has less to do with what was on your mind at the time, and
more to do with potential outcomes. If you fire a round at a perp, the law does
not regard warning rounds the act of firing a round is an intent to
kill, because death is a possible outcome and any reasonable person knows this. Intent is established by any reasonably foreseeable outcome whether it
was on the perp's immediate mind, or whether it was on yours.
If a perp enters another's home, it is a reasonably foreseeable outcome that the
homeowner may catch and kill them. It is therefore reasonable for the homeowner
to presume to kill people the person is ready to defend themselves from this
outcome and doesn't have to see a weapon in the perp's hand to act with deadly
force in their own defence.
kill people, a man came into his garage while thieves were there, and one
pointed a gun at him, so he stood still. The thieves were caught several hours
later. The prosecutor told the owner, If you say you feared for your life, the
penalties for them will be more severe.
So when it came time to testify, and he
was asked the question, he said, Naah, I wasn't afraid of those punks. And
they got a lighter sentence. Nobody will question your manhood if you say you
were afraid on the business end of a pistol.
kill people, as in most states, the law looks at differential of force.
If an elderly woman is accosted by a young man who is unarmed, the woman shoots
the man, the law will fall on her side because the unarmed man could easily kill
people overpower and kill her. Not so much if the situation is reversed. A young
man accosted by an unarmed elderly woman won't be seen favourably for shooting
her. Likewise, if one is walking down the street and is surrounded by five gang
members, all unarmed, the person is justified in using deadly force because the
five could fall on him and kill him with bare hands alone.
Likewise, if a person is accosted by a trained fighter (karate blackbelt or
licensed boxer) and knows of the person's training, deadly force is justified.
What is more desirable of course, is to remove yourself from the situation,
because trained fighters typically don't pick fights with John Doe. They already
know the risk.
Back to someone entering your home. In Texas, deadly force is justified for
anyone on your property (inside or outside) who is engaged in criminal mischief
at night or any activity rising above it, and home invasion certainly does. A
man heard a burglar in his kitchen, prepared his weapon and confronted the perp
raiding his fridge. He told the man to freeze, put his hands over his head, and
don't say a word. The perp wisely did so. Then the owner's son entered the
kitchen and said, Dad, this is my roommate.
They were visiting from college, unannounced. How tragic would that have
been? The point being, ascertain as quickly as possible what is happening
because once the bullet is fired, it's not coming back.
A man hears some human growling in his closet. He arms himself and tells the
perp to come out. They keep growling. He warns them again. The perp bursts from
the closet with a loud screech and the man is startled, and reacts by firing the
weapon, and kills his daughter. Her last words were I love you, Daddy.
kill people, criminal mischief is pretty broad. What if you come outside
at night, and see moving shadows alongside your car? What are they doing?
Stealing tires, hubcaps, or gas? It qualifies as criminal mischief, and you
don't have to determine what they are doing. They don't belong. Let's say some
neighbourhood kids come down to your house with toilet paper and you catch them
filling your trees with it. It qualifies as criminal mischief, but are you
really going to open fire on them?
A man caught a person stealing gas from his car (criminal mischief) and when
caught, the perp snatched the can and ran for it. The owner gave chase. When the
owner caught the perp, he handed over the gas can and ran for it. The owner
fired one round and hit him in the hip, and felled him, but didn't kill him.
When the police arrived, they arrested the homeowner.
In this case, the homeowner was the victim while still on his property, but when
he gave chase, the roles reversed and he became the perp, and the perp became
the victim. That he shot the thief in the back, is relevant, but not as relevant
as the role reversal. When the perp fled the original scene, the justification
for deadly force ended. The owner could not have claimed fear-of-life since the
perp was running away.That he gave chase made it worse, and turned himself into
the perp. The law sees this as two confrontations, not a continuous one.
What do the police advise? They are trained to clear a home, and you are not. If
someone is on your property, call the police. If you hear someone in your home,
and you are not in immediate danger, arm yourself and call the police. Don't
take the matter into your hands until you or a loved one is in danger. Might
surprise you how easy it is to hide in your home's shadows, and most burglars
know how to do this quickly enough to get the drop on a sleepy homeowner with
a gun in one hand and a flashlight in the other you're like a walking target
with shoot me on your chest. Your property is replaceable. Your life is not.
But burglars don't often come at night when the owners are home. And most of
them can't stand dogs. Whether it's a killer attack dog or not, they are a
nuisance to a burglar. He will be in and out of your home in less time than the
police can respond (usually less than ten minutes), so if you have a need for an
alarm in your home, buy it for fire alarm, carbon monoxide and such, but you
won't get much use out of it for burglary. You should keep ABC fire
extinguishers in every bedroom and kitchen, and store them on their sides (the
particulate settles to the bottom if they are standing up).
If you keep weapons in the house, keep them in a gun-safe, not in a drawer or
other easily-accessible location. Thieves usually arrive when you're not there,
and look in the most obvious places, and like to take guns away from people. For
them, it's an unregistered weapon. It's not smart to leave weapons out in the
open, or easily accessible, even if you live alone.
A person came into a county
to kill people and had automatic weapons. He received the requisite permissions
from the sheriff, the county judge, but not the prosecutor, who told him to put
the weapons in a safe. Seems his favourite storage location was under his bed,
and he lived alone. The prosecutor told him I don't want some punks to
burglarize your home, and the next thing is running around in my district with
an automatic weapon.
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