The_Outlaw
~The Dude Abides~
Chalk another one up for the good guys! 
Police identify intruder killed in Springville home invasion | ksl.com
Police identify intruder killed in Springville home invasion | ksl.com
~Intruder Killed In Home Invasion...Grabs a snack first.~
- Thread starter The_Outlaw
- Start date
LogosVeritas
New member
This story is great hahaha
Treo
Bullet Proof
You need to keep one on you just in case.
I'm generally the one saying don't shoot if you have any other option, all that changes in my home. The second you cross the legal threshold (very low in Colorado) I will open fire.
I hope I never have to take a life.
That being said, if I'm awakened in the middle of the night with a prowler in the home, I will not wait to see if they have a gun or ask them if they want cream in their coffee.
I will assume the prowler is armed and means me harm. I will do my best to defend myself and my family, even if it costs the prowler his life.
That is the price he agreed to when he entered my house uninvited.
That being said, if I'm awakened in the middle of the night with a prowler in the home, I will not wait to see if they have a gun or ask them if they want cream in their coffee.
I will assume the prowler is armed and means me harm. I will do my best to defend myself and my family, even if it costs the prowler his life.
That is the price he agreed to when he entered my house uninvited.
aj's 40 cal
New member
I wonder if he put swiss cheese in that wrap, since now thats what he looks like, lol U really are what you eat. ( lame attempt at humor)
Glad no one was harmed specially the 3 kids in the house.
Glad no one was harmed specially the 3 kids in the house.
I carry constantly and would not hesitate to defend our home---but---one needs to identify a target before shooting. Had my neighbor walk into my home a couple months ago with a flashlight. I was aiming at him before I even thought. So glad that I saw who it was. George has had a stroke and was "lost"-did not know where he was. Nearly shot my neice who opened the back door(lived close by at that time) while I had my head resting on the loading bench taking a nap. She knocked and shouted from then on. Point is--make sure of you target. What if it was your neighbor's kid coming for help with his parents/etc. See what I mean? You would never forgive yourself if you killed a friend/family member trying to surprise you or in dire need.
"cross the legal threshold (very low in Colorado)". Explain, please? I would think the legal threshold would be the doorway threshold to you home. As soon as he steps over that threshold, the castle doctrine kicks in. (Speaking of Florida of course).
longslide10
New member
Always love to hear about another scumbag being dispatched by a good guy. I bet Martinez never considered when he woke up that morning that his last meal would be a lousy dry tortilla ham wrap. I am curious to know if he was a drug addicted illegal, that would make that much better of a story.
In NYS it only means you don't have to retreat. I think it needs to be changed to full protection from both criminal and civil liability.
I have no issue with the DA investigating to be certain it was not a ruse by someone inviting another over to their house to shoot them, but once it is determine it was an uninvited intruder the inquiry should end. The motives of the intruder should be irrelevant. We should have the absolute right to protect ourselves in our last refuge.
Treo
Bullet Proof
In Colorado I am justified to shoot if three conditions have been met: Illegal entry, Commission of a second crime(IOW if you break into my home and just stand in the kitchen eating a PB&J and do nothing else I can't shoot) , presentation of a threat, however slight. If I wake in the middle of the night and catch you walking out of my house w/ my stereo I call the cops if you take one step towards me I shoot.
By "threshold" I meant meeting that third condition
18-1-704.5 Use Of Deadly Physical Force Against An Intruder ("Make My Day Law")
1. The general assembly hereby recognizes that the citizens of Colorado have a
right to expect absolute
safety within their own homes.
2. Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is
justified in using any
degree of physical force, including deadly physical force, against another person
when that other person has
made an unlawful entry into the dwelling, and when the occupant has a reasonable
belief that such other
person has committed a crime in the dwelling in addition to the uninvited entry, or is
committing or intends
to commit a crime against a person or property in addition to the uninvited entry,
and when the occupant
reasonably believes that such other person might use any physical force, no matter
how slight, against any
occupant.
3. Any occupant of a dwelling using physical force, including deadly physicalthe provisions or subsection (2) of this section shall be immune from criminal
prosecution for the use of
such force.
4. Any occupant of a dwelling using physical force, including deadly physicalforce, in accordance with
the provisions of subsection (2) of this section shall be immune from any civil
liability for injuries or death
resulting from the use of such force.
longslide10
New member
People that break into your home when you are there aren't doing it to chat it up over coffee and donuts, bring you good fortune or sell you something. Any time an unknown person is in your home it's a threat putting everyone's life in danger so contrary to your belief the castle doctrine provides protection from incrimination when you use deadly force in your home against strangers due to assumption of imminent threat
Warbirds
New member
Just as a side note, right after this incident our state legislature voted to move a bill out of committee that clarifies that an individual is justified in defending his or her home and family against criminal activity and may not be held civilly liable for damage or injury to perpetrators.
Dale64
Defying Gravity
So, if your neighbor comes home drunk and pulls into the wrong driveway and mistakes your house for his own and just walks in, you have the right to use lethal force and expect Castle Doctrine to protect you?!?!?
Or... the repairman that enters the wrong home by accident
Or... the kid down the street that barges in because there is an emergency happening in his/her home
In other words, just because the person that just entered your home is a stranger does not mean they are automatically a threat. I suggest you read some of the fine print that comes along with your State's Castle Doctrine laws. I think you will find that it is not a catch-all that simply allows you to kill people in your home and you get the full protection of the law.
Treo
Bullet Proof
Dale64
Defying Gravity
Oh I do secure my home quite well. But, we are all human, not perfect. Not everyone locks the door behind them every time they leave/enter the home.
My point is, the law does not give you the right to simply kill a stranger just because they have entered your home. There must still be some imminent threat of danger.
My point is, the law does not give you the right to simply kill a stranger just because they have entered your home. There must still be some imminent threat of danger.
Dale64
Defying Gravity
Florida Statute Section 776.013 is also know as the Florida Stand Your Ground Law or the Florida Castle Doctrine. According to this Florida self-defense law:
"A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) the person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."
"A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) the person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."
Well duh. Who do you think is this "someone" you mention. A nice kind stranger who wants to sing christmas carols with you? How exactly did he get into your house and when he is dead, who is to provide the evidence of the entry? If someone "is in the process of unlawfully and forcefully entering your house or you have reason to believe that an unlawful and forcible entry or act is occurring or has occurred" you can use deadly force. Last I looked, imminent threat is the only reason for deadly force in defense and not just castle doctrine.
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