If an intruder enters my home, am I allowed to shoot if the intruder turns and retreats?
Thanks for your reply. I do understand everything that you have stated. I'm still trying to interpret/understand exactly what Arkansas law says about Castle Doctrine and Duty to Retreat. If an intruder is still in my house, regardless if s/he's attempting to leave, I'm still going to consider that a threat to myself and my family till the intruder is out of my house and off of my property.
If an intruder enters my home, am I allowed to shoot if the intruder turns and retreats?
If an intruder is still in my house, regardless if s/he's attempting to leave, I'm still going to consider that a threat to myself and my family till the intruder is out of my house and off of my property.
From what I understand then is that if the intruder is retreating/running to exit my house and his back is to me and not shooting, then the threat is considered to be no longer present.
From what I understand then is that if the intruder is retreating/running to exit my house and his back is to me and not shooting, then the threat is considered to be no longer present.
I live in TN & we have the same Castle Doctrine law & Stand Your Ground (Duty To Retreat). What this last part means is, you are not required to run, retreat, skeedaddle, leave, etc. but it DOESN'T mean you can't. If the bad guy is running away, go the opposite way & protect yourself & your family by a little discretion. If he's stupid enough to view that as cowardice & comes back, plant one or two or three in him, as that would indicate bad intent. Running away...not so much...& that's when you have the slippery slope if you plug him in the back.
A person running away is no longer a threat.
That is not always the case, either tactically or legally-speaking.
There are no absolutes, but 99%+ of the time a person running away is no longer a threat.
Then prove me wrong, it works much better than your silly little insults to prove your point.
The phrase "running away" means they are leaving the situation.
They are no longer a threat.
The phrase "running away while shooting at you" means they are a threat. Shoot back.
So does "running away from you, but toward the shotgun leaning in the corner", or "running away from you, but toward your wife with a knife in his hand".
Shoot 'em.
If someone is truly "running away", then they are no longer a threat 100% of the time.
It's not a stat I pulled out of my colon, it's a fact supported by the wording of the phrase.
Just as it's a fact that a woman can't be "sort of" pregnant; either she IS or she ISN'T.
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A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (4), if the person reasonably believes that another person is:
....(3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.