Can I Use Deadly Force to Defend My Home?

Unless you made a bad choice using it. Then, in the aftermath, it will make you wish you were.

I live in a state that does not put criminals before law abiding citizens. I would be justified and would not stand trial. Check your states castle doctrine and see if you can be as certain as I am.
 
Armed is armed. Any weapon that can do you bodily harm qualifies. My point is very few suburban home burglaries are committed by armed individuals. Especially in cookie cutter, middle class subdivisions. Most are committed by local kids. Young and stupid, but kids none the less. They look for targets of opportunity. Sometimes they get the surprise of their lives. This happened just down the street from me a couple of years ago. The guy behind me worked nights, and was sleeping in the afternoon. His wife was at work, when 2 kids from the adjacent neighborhood climbed over his back wall thinking no one was home, (they rang the bell but he didn't answer), and threw a patio block through his Arcadia Door. He awoke, grabbed his gun, and headed into the family room and ran smack into both of them. They ran back out the door. One managed to get back over the wall, while his buddy wasn't so lucky. He held on to him and called the cops.

.

When they arrived the crying little failed robber promptly gave up his buddy. The parents of both gladly paid for a much newer and nicer door for not pressing charges. (They didn't get 10 steps into their crime before being caught). Now, under no mind's interpretation of "the law", she would have promptly killed both of them on the spot. Who made the correct decision?

Yet you completely ignore that they wouldnt have had the guts to even try if there werent pantywastes like yourself coddling them, judges not punishing those like them, and parents not teaching them there are consequenses to thier actions... People like you actually PROMOTE everything that has led to this in the first place...



Slapping wrists and balling them out does nothing but reward bad behavior...

A few stories of thieves getting blown away will make them think about whether or not it would be wise to break in to someones house...





Sent from my SM-G900V using USA Carry mobile app
 
When they arrived the crying little failed robber promptly gave up his buddy. The parents of both gladly paid for a much newer and nicer door for not pressing charges. (They didn't get 10 steps into their crime before being caught). Now, under no mind's interpretation of "the law", she would have promptly killed both of them on the spot. Who made the correct decision?

I would've done exactly what the homeowner did, refrained from shooting and done my best to handle it amongst the adults without the cops or courts involved.

That said, the law in Alabama, as with more than half the states in the Union at this time, would've not only supported me opening fire in that situation, but would likewise protect me from civil suits under our Castle Doctrine law's immunity clause. Time of day wouldn't matter - 3:00 AM or 3:00 PM - the situation you describe would permit me to use deadly force. Don't believe me? Read the code section for yourself. The immunity clause is quoted below for your convenience, but you'll find that a burglary of an occupied dwelling is all that's needed to legally presume a threat if you go to the link.

(d) A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.
(e) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (a), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful.
(Acts 1977, No. 607, p. 812, §610; Acts 1979, No. 79-599, p. 1060, §1; Act 2006-303, p. 638, §1.)

All that said, I am always of the mindset to find a way not to shoot another person, rather than trying to justify how I can legally shoot another person. Such determinations are made at the speed of thought though, and rather than identifying an actual threat, like a weapon or someone in the act of pounding your head into concrete or what have you, all self-defense law that I've ever heard of, even in states without CD/SYG laws, uses the "reasonable belief" standard of justification, rather than proof that a decision made in split seconds and under extreme duress was wholly accurate in its threat assessment.

In fact billt, just for chits and giggles, I went and reviewed Link Removed. Except for your state substituting the word "legally" (AL) with the word "reasonable" (AZ) in describing the presumption part of the law(s), our respective code sections use very nearly the same language and authorize the use of deadly physical force very nearly identically. While your state doesn't have an immunity clause as my state does, AZ does have a reimbursement clause for court and attorney fees if the shooter prevails in any suit ensuing from a given justifiable use of deadly force.

I'm sure he's said before, but since I don't recall where Axe lives, and assuming it's in a state where a similar CD/SYG exists, it is hardly a "dimwitted legal defense" to assert that use of deadly force is supported under the law for reasons not only associated with an imminent physical threat, but also for forced entries, car-jackings etc. Rather than being a "dimwitted" legal defense, it would be a statutory and presumed to be legal defense, just like in Arizona.

Blues
 
I live in a state that does not put criminals before law abiding citizens. I would be justified and would not stand trial. Check your states castle doctrine and see if you can be as certain as I am.

So did George Zimmerman, "Stand Your Ground" and all. He should NOT have stood trial. He shot and killed Trevon Martin in a totally justified self defense situation. The police questioned him, and were quite satisfied he acted prudently and within the law, with his actions. They then released him. Several weeks later, after the case gained media attention, and racial lines were drawn, he was then charged. He won in a trial that took weeks, and all but destroyed his life financially to the current tune of over $2.5 MILLION dollars in legal debt.

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The same thing could happen to you, I, or anyone. That's all I'm saying. To think otherwise is to think foolishly. As I said, if Zimmerman had to do it all over again knowing what he now does, he never would have left his car that night. I'm not suggesting to live in fear of the legal system, thugs, or anyone else. I'm merely pointing out the repercussions that can and DO occur within our system of justice, even if you act within the law. All of this adds up to being absolutely positive you have no other option available to you, BEFORE you pull that trigger. If your wrong, and as Zimmerman proved, even if you're right, the consequences can be devastating to both you and your family. Financially as well as emotionally.

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Look at Zimmerman's life today and compare it to Casey Anthony. Both are forced to live in seclusion because there are people who will harm them. Both are in tremendous financial debt to their attorneys. And yet both were declared innocent of the charges they stood trial for. Everyone knows Zimmerman is innocent, and Anthony is as guilty as sin. But when you examine the train wreck it made of both of their lives, does it really matter?
 
I would've done exactly what the homeowner did, refrained from shooting and done my best to handle it amongst the adults without the cops or courts involved. All that said, I am always of the mindset to find a way not to shoot another person, rather than trying to justify how I can legally shoot another person. Blues

I do not disagree with a single thing you've said. My neighbor most likely could have killed both of those kids, and been within legal boundaries to do so. It might have been very legally dicey, and expensive. But he could or would have most likely prevailed. Instead he chose a non lethal option. There was absolutely zero need for him to do otherwise. Those 2 kids weren't going to hurt anyone, and I doubt they ever will. I had a gun pointed at me once, and I NEVER forgot what that felt like. I'm guessing these 2 kids won't either.

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He told me both of these kids, along with their parents, came over to his house a few weeks after the incident. All apologized to him for what had happened. He told me the one kids mother had tears in her eyes as she thanked him for being patient with his gun, instead of shooting. She actually hugged him. He told me he'll never forget that. Both cops told him he made the right call. A lot of people might not have. There is always more to these situations than meet the eye. Or the story you read in the paper, or hear on the 6 O'clock news.
 
So did George Zimmerman, "Stand Your Ground" and all. He should NOT have stood trial. He shot and killed Trevon Martin in a totally justified self defense situation.
Bill, it isn't that he was justified. Rather there were no living witnesses to see how the two parties came together and EXACTLY what happened. No one saw the initial confrontation and that is a big if. Could have been either. GZ got off because he couldn't be convicted beyond a reasonable doubt. It shouldn't have gone to trial at all, but... we'll never know for sure.
 
If Jack Nicholson is chopping his way through your bathroom door with a hotel fire axe, and you have a small bathroom window to safely escape into the night, no court will find anyone justified in shooting a gun at Jack. Why would you want to shoot Jack, if you can simply walk away? Every home can be set up to be 99% Jack proof. A small dog as a warning signal, lock some interior doors, call 911, set off several loud alarms, spray C4 gas in out laying rooms, ........... every home is different and every circumstance is different, but no need to just purchase a gun, and wait years to use it to kill a bugler. Whatever money you spend making a safe room, will be less than the retaining fee of one lawyer.


The stupid is strong in this one
 
Does anyone actually carry an unloaded gun? [emoji31]
Well, they'll only carry it until the first confrontation. I don't generally even carry my gun. And while I know I should, most of the time I'm around my own home area which is kind-of off the beaten path. Where I live is sparsely populated and not on the way to anywhere. There's very few people around and no stores or business. It's mostly a farming community surrounded by state park land. I carry it when on the tractor though because I can't hear anything behind me. But when I head into the more populated areas where the stores and malls are I stick it in my pocket. Rest assured it's ready to rock. I can't imagine carrying an unloaded gun.
 
Yes. I should have been more specific.

I understood the point you conveyed on the original comment -- did not mean to use my reply as a jest either, I knew you specifically referred to a chambered round but I was astonished at the fact that some actually do carry without a chambered round. Why carry at all then?
 

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