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  • Home Invasions

    Hello all,

    I was wondering if you could tell me whether or not a person would be prosecuted given the following circumstances:

    A person is asleep in the middle of the night. The person hears someone break in. The person dials 911, stays put in there bedroom, and is armed. Upon hearing the attempted entry into through their bedroom door, the person warns the intruder that they're armed. The intruder continues to attempt to forcefully get through the locked bedroom door. The homeowner opens fire, hits, and kills the intruder on the other side of the door.

    Is the homeowner going to jail?

    Thanks for your service!

  • #2
    This will probably vary from state to state.

    In Michigan you'd be justified. Myself speaking, in that situation, I'd be putting rounds through the door before could figure out how to turn the knob.

    If you're breaking into my house, it is assumed that you are there to kill me and my family. Hence, using deadly force is justified.

    Comment


    • #3
      What it boils down to are you reasonably in fear for your life and can you sell it to a grand jury? There are other factor that need to be considered. In general, I would advise against shooting through a door at an unknown target.

      Comment


      • #4
        Depends on the state....

        However, in my state and my point of view is this.

        If someone is committing a "home invasion", then I have to assume they are in the house to harm me. So while the girlfriend is calling 911, I am on the hunt. The second I determine the person is a bad guy and not an obviously drunk neighbor in the wrong house (it's happened in my neighborhood), or the SWAT team that got the address wrong, I'm throwing lead. I have the advantage of two alert dogs that the second someone approaches the house, they start barking... so I will probably have my target identified before he even enters my home.

        Comment


        • #5
          In California - As told to me by family members who were detectives with local PD's and SO's.

          The best bet. Stay in the bedroom, make sure you have 911 on speaker phone. Speak in a loud, clear manner that you are warning the person to stay away, and that they're coming through the door. 911 calls are recorded.
          If they come through that door, and you are in fear of your life. You can use deadly force.

          To avoid the horrific civil suits in California, make sure you don't shoot someone in the back. That can be seen as they're running away, and no longer a threat.

          As others have said, and is the case, it is completely state dependent.

          Comment


          • #6
            Originally posted by just joe View Post
            What it boils down to are you reasonably in fear for your life and can you sell it to a grand jury? There are other factor that need to be considered. In general, I would advise against shooting through a door at an unknown target.
            His scenerio stated it was his "bedroom door". You're saying if someone was at your bedroom door trying to kick it in you would wait until they made entry first?

            Comment


            • #7
              Originally posted by Michigan View Post
              His scenerio stated it was his "bedroom door". You're saying if someone was at your bedroom door trying to kick it in you would wait until they made entry first?
              Whoever was on the other side of the door would die of lead poisoning plain and simple. The lives of my family and myself come before some crackhead lookin to steal my TV, etc.

              Comment


              • #8
                He didn't say someone was kicking down the door--he said attempted entry, which can be someone turning a door knob. Does he live in a college town? Drunk college kids wander into other peoples homes and bedrooms on a semi regular basis. Does he live next to a school for the deaf? I'm just saying there are unknown variables that may come into play.

                Comment


                • #9
                  Originally posted by just joe View Post
                  He didn't say someone was kicking down the door--he said attempted entry, which can be someone turning a door knob. Does he live in a college town? Drunk college kids wander into other peoples homes and bedrooms on a semi regular basis. Does he live next to a school for the deaf? I'm just saying there are unknown variables that may come into play.

                  I don't care why anyone would wonder into my house. It doesn't matter if it was a drunk college kid, a bum off of the street or a crack head high off his horse, there is no way to know someone's intentions when they choose to break into your house-- if they're in my house while my family and me are there, I can only assume one thing and that they are there to kill my family and me. I am not risking their lives to make sure that some person that broke into my house isn't "drunk" or "confused" before I start putting rounds down range.

                  I bet my life I will be able to articulate why my families life was in immidiate danger.

                  The moral of the story: Don't break into people houses, becaue you might just make the mistake of breaking into mine.

                  Comment


                  • #10
                    Originally posted by Michigan View Post
                    I don't care why anyone would wonder into my house. It doesn't matter if it was a drunk college kid, a bum off of the street or a crack head high off his horse, there is no way to know someone's intentions when they choose to break into your house-- if they're in my house while my family and me are there, I can only assume one thing and that they are there to kill my family and me. I am not risking their lives to make sure that some person that broke into my house isn't "drunk" or "confused" before I start putting rounds down range.

                    I bet my life I will be able to articulate why my families life was in immidiate danger.

                    The moral of the story: Don't break into people houses, becaue you might just make the mistake of breaking into mine.

                    +1

                    Drunk, blind, deaf, cross-eyed and droolin, I do not care. There is nothing on this planet I value more than my family and I will not hesitate to protect them.

                    I live in the south and jurors here tend to understand when a man needs to protect his family, home, etc.

                    Comment


                    • #11
                      Thanks everybody. I don't live in a college town, and with entry doors sufficiently secured, it would have to be an intruder kicking/forcing there way through a bedroom door.

                      Comment


                      • #12
                        if you're going to shoot through a door/wall/etc at an unknown threat, you better be pretty confident that the person on the other side is a bad guy, cuz if it turns out otherwise, a decent attorney will take your house and everything else you own.....and you'll probably go to prison too.

                        how often does your whole family sleep in your bedroom with you? what if (during this home invasion) the person trying to get into your bedroom is a child or other housemate attempting to reach safety since they know you have the gun? what if they arent responding to your announcements because they are scared and dont want to let the bad guy know where they are/what they're doing? toooooo many variables in this scenario.

                        as a general rule, I would not shoot at an unknown target....way too much can go terribly wrong.

                        Comment


                        • #13
                          Originally posted by kam81 View Post
                          if you're going to shoot through a door/wall/etc at an unknown threat, you better be pretty confident that the person on the other side is a bad guy, cuz if it turns out otherwise, a decent attorney will take your house and everything else you own.....and you'll probably go to prison too.

                          How often does your whole family sleep in your bedroom with you? What if (during this home invasion) the person trying to get into your bedroom is a child or other housemate attempting to reach safety since they know you have the gun? What if they arent responding to your announcements because they are scared and dont want to let the bad guy know where they are/what they're doing? Toooooo many variables in this scenario.
                          duh......

                          Comment


                          • #14
                            Originally posted by Michigan View Post
                            duh......
                            ok maybe i should spell this out for you smart guy....you indicate that you would not hesitate to put rounds through a door (at something you cant see) to protect your family. i wonder HOW confident you can be that you're engaging a threat through a closed door, barring certain circumstances (shots fired, a guy on the other side of the door saying "hey mf'er, i'm coming in there to kill you, etc)....

                            basic firearm safety, know what you're shooting at.

                            Comment


                            • #15
                              In Alabama, and under the circumstances you describe, the shooting would be justified. As is common practice in Alabama, the shooting would be taken before the Grand Jury and "No-Billed".

                              Comment

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