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Breaking & entering while armed, what to do??

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  • Breaking & entering while armed, what to do??

    ((Just curious)) :Hypothetical situation: ((Just curious))
    Someone armed with a gun breaks into your home at night. They are walking down the hall, not making much sound but enough you are able to hear them. You grab your gun silently & peek through a crack in the door to whatever room you're in & see their back is to you & that they have a gun.

    Now the questions:

    I have heard that it is illegal to shoot a person in the back when they have broken into your home. Being shot in the back indicates they were attempting to leave. But, given the above situation - that's not the case & what does it matter when they've broken into your home?

    So, is this true in your state? {Specifically, in Virginia (for you VA LEOs).}
    What would you do?
    What you recommend for a civilian to do?

  • #2
    Here we have the castle doctrine. If you are unlawfully in my home and I feel you may use any amount of force, no matter how slight. I may use deadly physical force against you. You or your family have no civil recourse. No criminal charges may be filed against me.

    To put it simply if you enter my home when I am here. I basically own you......................

    Other states laws may vary. We do have a very low amount of home invasions
    The early bird may get the worm, but the second mouse gets the cheese.

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    • #3
      They're going to wish they didn't break into my house. I don't care if I see a gun or not, if you're breaking into my house I'm going to assume you have a gun and intend to use it (we also have the Castle doctrine).

      Comment


      • #4
        Quietly slip around the corner, get a really good sight picture on the suspect, activate the lightmount underneath the shotgun; yell, 'HEY', pause for 1/1000 of a second, and pull the trigger on the Benelli M-1 2-3 times.......

        After making sure the suspect was no longer a threat, and also verifying that he didnt bring any friends, I would;

        Call: Local Sheriff station (non emergent line); Union Rep to get the union lawyer rolling to the station, and a 24hr carpet cleaning service.....maybe a drywall patcher as well.....depending on how good my aim was.....
        The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

        "Politicians are like diapers. They need to be changed often and for the same reason"

        "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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        • #5
          Originally posted by CoffeeRoll View Post
          ((Just curious)) :Hypothetical situation: ((Just curious))
          Someone armed with a gun breaks into your home at night. They are walking down the hall, not making much sound but enough you are able to hear them. You grab your gun silently & peek through a crack in the door to whatever room you're in & see their back is to you & that they have a gun.

          Now the questions:

          I have heard that it is illegal to shoot a person in the back when they have broken into your home. Being shot in the back indicates they were attempting to leave. But, given the above situation - that's not the case & what does it matter when they've broken into your home?

          So, is this true in your state? {Specifically, in Virginia (for you VA LEOs).}
          What would you do?
          What you recommend for a civilian to do?
          I'd say "Police! Hands up. Don't move." If I then felt an imminent threat of death or serious physical injury based upon their following actions I'd shoot.

          Comment


          • #6
            Aim your pea shooter

            in a mouse like wisper say "PSSSSSTT!!!!!"

            Shot perp with two the chest one to the head when he turns around.

            Call 911.
            Last edited by LT Dangle; 08-24-2008, 08:30 PM.

            Comment


            • #7
              California Penal Code section 198.5. Any person using force intended or likely to cause death or
              great bodily injury within his or her residence shall be presumed to
              have held a reasonable fear of imminent peril of death or great
              bodily injury to self, family, or a member of the household when that
              force is used against another person, not a member of the family or
              household, who unlawfully and forcibly enters or has unlawfully and
              forcibly entered the residence and the person using the force knew or
              had reason to believe that an unlawful and forcible entry occurred.
              -------------------
              Go ahead and cap the burglar. It's a freebie.
              Government is not the solution to our problem; government is the problem. - Ronald Reagan

              I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

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              • #8
                TN also has a Castle Doctrine, which recently expanded to one's business & vehicle.

                I do not have a see a gun if someone breaks into my home while I am there. More than likely I will empty the clip and wait on a zone car to show up. I will probably wait for the burglar/robber to at least reach the kitchen so I don't have to replace the carpet.
                I'm 10-8 like a shark in a sea of crime..

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                • #9
                  If you are armed and you are in my house I could care less about any law, I am protecting myself and my family FIRST!

                  I will deal with any legal aspects second.

                  You, see a good thing about a jury is that they are layman people like you or I. Give them a reasonable explanation and you more then likely will have them on your side.

                  BTW, In PA you would be good to go with a shoot in your house, no need to retreat. In fact the DA's in my area are very pro self defense, had my DA state he wouldn't charge a man who was legally armed and shot a man while being robbed on a street. DA stated 5 hours after the shooting that the guy had a legal right to protect himself.

                  This is the kinda DA you want.

                  G-man
                  1*

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                  • #10
                    You'd be good in NY, too.

                    Comment


                    • #11
                      VA Here.

                      "I saw he had a gun and I was in fear for my life" Is all I would say.

                      I would let my lawyer take care of any other questions.

                      I don't belive we have a "castle doctrine" but we do have semi-intelligent prosecutors and cops with mostly common sense.
                      "Why is common sense so rare?" - Me

                      By the way.. They aren't "Clients" or "Customers" they're CRIMINALS... sheesh

                      Comment


                      • #12
                        Originally posted by LA DEP View Post

                        Quietly slip around the corner, get a really good sight picture on the suspect, activate the lightmount underneath the shotgun; yell, 'HEY', pause for 1/1000 of a second, and pull the trigger on the Benelli M-1 2-3 times.......

                        After making sure the suspect was no longer a threat, and also verifying that he didnt bring any friends, I would;

                        Call: Local Sheriff station (non emergent line); Union Rep to get the union lawyer rolling to the station, and a 24hr carpet cleaning service.....maybe a drywall patcher as well.....depending on how good my aim was.....
                        2-3 times? What are you using- 00buck??? That would probably do it!

                        +1 on the carpet cleaning and drywall patcher! But boy, my wife would be p!ssed! She just finished painting most of the interior and bought new carpets. Of course, I'm always working OT, so it'd likely be my wife who gets to shoot and she's not shy about cycling the Mossie. She'd probably use all 8.
                        Last edited by FNA209; 08-25-2008, 02:24 AM.
                        "Blaming the prince of the fools should not blind anyone to the vast confederacy of fools that made him their prince" - Unknown Author
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                        "That government is best which governs the least, because its people discipline themselves." - Thomas Jefferson
                        ______________________________________________

                        “There are two ways to conquer and enslave a nation. One is by the sword. The other is by debt.” - John Adams

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                        • #13
                          Originally posted by LA DEP View Post
                          Quietly slip around the corner, get a really good sight picture on the suspect, activate the lightmount underneath the shotgun; yell, 'HEY', pause for 1/1000 of a second, and pull the trigger on the Benelli M-1 2-3 times.......

                          After making sure the suspect was no longer a threat, and also verifying that he didnt bring any friends, I would;

                          Call: Local Sheriff station (non emergent line); Union Rep to get the union lawyer rolling to the station, and a 24hr carpet cleaning service.....maybe a drywall patcher as well.....depending on how good my aim was.....
                          X-2. That works in Alabama too.

                          Comment


                          • #14
                            shoot til threat is stopped
                            secure family/house
                            call 9-1-1
                            inform them that i have shot intruder (not "killed" but shot) and that situation is code 4 (no need to wreck on the way to a DOA)
                            (depending on state of mind at time) perhaps render medical assistance
                            call attorney
                            go through process with my PD (with attorney present)

                            Comment


                            • #15
                              Castle Doctrine = One Word... Boom... maybe a couple more Boom Boom Boom from my .357.
                              The sheep generally do not like the sheepdog. He looks a lot like the wolf. He has fangs and the capacity for violence. The difference, though, is that the sheepdog must not, cannot and will not ever harm the sheep. Any sheepdog who intentionally harms the lowliest little lamb will be punished and removed.

                              I Am the Sheepdog.


                              "And maybe just remind the few, if ill of us they speak,
                              that we are all that stands between
                              the monsters and the weak." - Michael Marks


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