Can someone tell me if this is true or not??

[Cobalt 60]

i agree with all of this.

I already knew you couldn't shoot to kill for someone stealing my stuff, but of that is their intention or not; you break down my door, you're getting shot.

When I go to trial, I'll say intelligently "I felt my person, and my families lives were in danger, so I eliminated the threat with deadly force allowed by code *yadda uadda*", and I'm sticking to that.

Don't say that!!!! Way too "rehearsed". Jury will think you were reading up on what you could or could not do and just waiting for someone to kick in the door. Just tell the truth - someone kicked in your door, you yelled "holy ****!" and retrieved your weapon from wherever it was to defend yourself and did so.

 

[Lockout]

i agree with all of this.

I already knew you couldn't shoot to kill for someone stealing my stuff, but of that is their intention or not; you break down my door, you're getting shot.

When I go to trial, I'll say intelligently "I felt my person, and my families lives were in danger, so I eliminated the threat with deadly force allowed by code *yadda uadda*", and I'm sticking to that.

Saying and proven are two different things, and at the end of day one will decide your freedom or bubba bait

 

[Cobalt 60]

DING DONG

AND THOSE that says they will shoot someone will be in prison,or spending a ton of money fighting for their freedom.Everyone can act tough but when shtf I bet they will be crying in jail pleading to be release and sorry to the persons family too.

The question was specifically about defense of a habitation. I think the fallacy in what the OP was told was that if someone kicks in your door that the law will presume they are just there to take stuff. That is not the case. Read the Code - it is your friend!!

 

[DaveTheMinion]

Several things.
1. Not sure if this still applies, but if I'm not mistaken the NRA prohibits their instructors discussing legal use of force if following NRA curriculum.
2. You need to take the time to research lethal force laws on your own. Why take someones word for it when you can look it up yourself?
3. The words "violent and tumultuous manner" (ie, kicking a door down) will explain this.
4. Have a lawyer on speed dial.
5. Have a therapist on speed dial.
6. Brief short sentences when talking to cops, save the Blabber for your attorney.
7. If you don't feel like looking up the laws or researching, take a course from protective measures.

 

[forrestGUMP15]

You can point a firearm at them and tell them to hit the deck. Then if they come at you bro... boom boom.

Yep simple as that

 

[sovietak474u]

You could also be charged with felony assault too

Uh no. They are in my house. Actively committing a felony. The way I see it if your in my house and your not invited then you are a danger to me and mine. People shoot home invaders and burglars all the time. They are not charged. Hopefully you never walk into a burglary. Sounds like you might 2nd guess yourself. If your going to 2nd guess yourself if you come across a threat then IMO you should not carry a firearm.

 

[Cobalt 60]

Oh, and Burglary is a felony, thereby justifying the use of deadly force to prevent it. Not sure I totally agree with that reasoning, though.

 

[DaveTheMinion]

Oh, and Burglary is a felony, thereby justifying the use of deadly force to prevent it. Not sure I totally agree with that reasoning, though.

making a bomb is a felony, but not justified as a reason to shoot.
"forcible felony".

Three code sections Ans the reasonable man doctrine.
Nvm, just reread, since he's in the habitation commuting a felony, fair game.

 

[sovietak474u]

Oh, and Burglary is a felony, thereby justifying the use of deadly force to prevent it. Not sure I totally agree with that reasoning, though.

Not about just the felony part. Its about your area. Here criminals know the penalty for burglary. Thus for they will kill you to avoid that. Im not taking that chance. If that gets me charged then so be it.

 

[Lockout]

Uh no. They are in my house. Actively committing a felony. The way I see it if your in my house and your not invited then you are a danger to me and mine. People shoot home invaders and burglars all the time. They are not charged. Hopefully you never walk into a burglary. Sounds like you might 2nd guess yourself.

k...

So who will protect you and your family when you're bubba bait?

These days you have to know the law, know what if's to protect you from being the one got caught up.

Going off a little but have you ever see the movie "felony"?
I know he chased the man outside but it was interesting that this man protecting his family and saw this man turning with what he thought was a gun and killed him.
Based on a true story