Home invasion?

[Evolvd]

Okinawa...which is a prefecture of Japan...but yes. And I have tons of photos as I've been there for nearly 4 years.

But I digress. Classes in Arizona may be nice but something local might be more benificial as they usually cover local laws during self defense training.

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[badass03ragtop]

As for the other questions I recommend you contact a lawyer in your district and get the legal answers. I've learned to never ask law questions online cause 99 times out of 100 you'll get incorrect or irresponsible answers.

And I'm on Kadena ;)

Good advice as well.

GTG on Kadena.

 

[Fox5.0]

I'm not one of the two, but, my thoughts
1) Illegal over a car, unless you or a family member were in it or otherwise felt your life was in danger. Best to let them drive off if it's outside.
2) With no LE or military training, pursuing them through your house could be deadly for you. Locked in a room is best defense.
3) Disarm the intruder, guard them while everyone gets out of house, call 911 from cell or neighbors' house, describing what happened, where you are and what you are wearing. Unload your weapon, place it on safe, and put it down pending LE arrival.

Now the question is what if its in my garage?

 

[badass03ragtop]

Now the question is what if its in my garage?

According to the many LE members of my family, I'm the only one who went military, your garage is NOT considered your home, so unless they enter the actual home or you are in the garage and feel threatened by death or grievous bodily harm, deadly force is not authorized.

Of course, you could drag them inside once they're neutralized....J/K

 

[Fox5.0]

According to the many LE members of my family, I'm the only one who went military, your garage is NOT considered your home, so unless they enter the actual home or you are in the garage and feel threatened by death or grievous bodily harm, deadly force is not authorized.

Of course, you could drag them inside once they're neutralized....J/K

:lol:

Thanks for the help. Btw let me know what you think of the caddy if you purchase !

 

[Phlyguy]

According to the many LE members of my family, I'm the only one who went military, your garage is NOT considered your home, so unless they enter the actual home or you are in the garage and feel threatened by death or grievous bodily harm, deadly force is not authorized.

Of course, you could drag them inside once they're neutralized....J/K

Not entirely true...depends on the State you reside in as in Texas, if the assailant is anywhere on your property (to include your lawn up to any easements, passages, rights of way, etc) and you are threatened with grievous bodily harm or threat of death, the State of Texas sides with the resident. In Maryland, the garage is NOT considered part of your domicile as is the case in other states as you so state (and I was in LE for the Maryland State Police as well as for the Placer Cty SO in NorCal). So, it would be good to just ask your County Sheriff's dept. just where your legal rights end (and home PC run video cameras are inexpensive and can really give you piece of mind)

 

[MagneticA]

Park in a garage. If you have a garage and park it outside... (?) ... but if you do, don't leave your garage door opener in the car. Lock your house door... (!) ... seems obvious, but you'd be surprised how few people lock the door from their house to the garage.

It's really quite simple to get into a garage, but don't make it easier by leaving a remote outside! Even w/o the remote, it takes just a few seconds to get the door open - super easy. Now if your house door is open, I have easy access to your house. I can do lots of stuff here. But if I don't want to make a big fuss, I'll just swipe the keys... which are usually right next to the door. And if you keep a gun in the glove box - well isn't this my lucky day!

 

[Evolvd]

Keep in mind, all this is information that may or may not apply in your county/municipality. If you really want to know your rights you have to talk to an authority on the subject in your area. Watch Cops on Spike TV and you'll be amazed at how many people thought they knew the laws and were wrong lol.

 

[Rickycardo]

Didn't even know this.
Thanks for the clarification. That eases me a bit.



While I have no military or law enforcement experience, i plan on attending a couple classes out at Gunsight in AZ. Me and the girlfriend can operate all of my weapons with both hands.

A couple questions since you two seem well versed.
1. In case of a car theft and I am aware, there is nothing I can do correct? If I step outside with a loaded weapon, is probably stupid to engage in a firefight over a car, but it is illegal as well ?

2. If a home invasion was to occur, would the best plan be to stay in my room with the door locked and await intruders to enter my room? Or go through my house trying to find the perpetrators?

3. Worse case scenario and god forbid me having to use lethal force, what would be the steps after I have fired and either taken care of the intruders or they fled?

Thanks.

As a combat vet I will give you my opinion.
1. Remember this rule: It's called SELF defense, not stuff defense. If a bad guy manages to steal my car from my drive way I will not shoot after him or anything stupid like that.
2. Again this is MY opinion only. I know my house, I know it in the dark and in the light. I would immediately move toward the intruder's location. I want to engage them before they learn the lay of my property. Again, I've had years of military training and combat experience. I also have a disabled child and fleeing is not an option.
3. This is the hardest thing to do. Reaction after an incidence has occurred. The first thing to do if you haven't done it already call the police and report that YOU"VE been attacked and have defended yourself. You want it to be understood that YOU were the intended victim and what YOU did was in self defense. Even if you simply pointed a gun at the intruder and he ran off. Call the police and report the intruder. You don't want him calling the police reporting that you were brandishing a gun. That makes him the victim and you the perp. It's also a good way to get your firearm confiscated by the police making you unarmed when the intruder returns. Finally in the evwent of a use of force incident you will need to calm down, compose yourself, make limited statements to anyone, and please make sure you contact a lawyer who has experience with use of force defense cases.
Again these are only my opinions, your results may vary.

 

[B Gordon]

Better be careful asking for internet advice.
These things vary from state to state.
What will get you a pat on the back in my home state of Oklahoma can get you put in prison for a very long time in some other states and even can vary within a state.
In some parts of the state we have DA's that will decide to charge you and let the court system work out the question of guilt or innocence.

 

[JimmyTwoTimes]

you are absolutely wrong. very bad information. in California you have 198.5 PC which states:

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. As used in this section, great bodily injury means a significant or substantial physical injury.

Ok, so, here's my question:

I was once visiting a friend and we got VERY drunk and got separated -- I mean, SO DRUNK OH MY GOD -- and when I was trying to get back to his place I got a little turned around because I was too drunk to read street signs / know where I was and all the apartment buildings looked the same and I ended up wandering into an apartment a block away from his because it looked like his building to me because OH MY GOD SO DRUNK and I walked into the apartment that would have been his if it were the right building (who leaves their front door unlocked? I guess I figured I must be in the right apartment if the door was unlocked...) and I fell asleep on the couch in the living room, only to be woken up by the very surprised people who lived there and asked me who I was and what I was doing in their home. Very good questions, mind you.

Now, I didn't forcibly enter their apartment -- the front door was unlocked -- but I certainly was unlawfully, um, sleeping on a stranger's living room couch. Would that person have had the right to shoot sleeping-drunk-me in the head under that type of "castle law" or whatever it's called? Because that seems somewhat unreasonable.

Also, that happened in my early 20's, and convinced me that I really shouldn't get THAT kind of drunk so often, so there was an upshot to the whole experience.

 

[robb]

While I agree.
In CA you don't have the castle laws. You have to flee not fight .

I'm pretty sure if you do your best to flee the most rear of the house and your back is against the wall, there's not a jury in the world that would convict you for defending yourself. I'm in Florida and dated a girl from California. I loved her until we talked politics or watched the news...then it was like we were from different planets!

 

[Rickycardo]

Ok, so, here's my question:

I was once visiting a friend and we got VERY drunk and got separated -- I mean, SO DRUNK OH MY GOD -- and when I was trying to get back to his place I got a little turned around because I was too drunk to read street signs / know where I was and all the apartment buildings looked the same and I ended up wandering into an apartment a block away from his because it looked like his building to me because OH MY GOD SO DRUNK and I walked into the apartment that would have been his if it were the right building (who leaves their front door unlocked? I guess I figured I must be in the right apartment if the door was unlocked...) and I fell asleep on the couch in the living room, only to be woken up by the very surprised people who lived there and asked me who I was and what I was doing in their home. Very good questions, mind you.

Now, I didn't forcibly enter their apartment -- the front door was unlocked -- but I certainly was unlawfully, um, sleeping on a stranger's living room couch. Would that person have had the right to shoot sleeping-drunk-me in the head under that type of "castle law" or whatever it's called? Because that seems somewhat unreasonable.

Also, that happened in my early 20's, and convinced me that I really shouldn't get THAT kind of drunk so often, so there was an upshot to the whole experience.

I would like to say that under the conditions you described that no, the home owner would not be justified in shooting you. He might be justified in tapping you on the shoulder with the barrel of a shotgun and asking what your business is there but for the most part I would like to think that without being in fear of their life they shouldn't be lawfully able to shoot you. That being said if you're dead and their side of the story is the only one told well.....
During my CCW training we were repeatedly told that as a firearm carrier we were held to a higher standard of conduct than an unarmed person. That our actions would be scrutinized more if/when a use of force act was performed.
Again, I am not a lawyer, I am just playing one here on the internet.

 

[Patio208]

Ok, so, here's my question:

I was once visiting a friend and we got VERY drunk and got separated -- I mean, SO DRUNK OH MY GOD -- and when I was trying to get back to his place I got a little turned around because I was too drunk to read street signs / know where I was and all the apartment buildings looked the same and I ended up wandering into an apartment a block away from his because it looked like his building to me because OH MY GOD SO DRUNK and I walked into the apartment that would have been his if it were the right building (who leaves their front door unlocked? I guess I figured I must be in the right apartment if the door was unlocked...) and I fell asleep on the couch in the living room, only to be woken up by the very surprised people who lived there and asked me who I was and what I was doing in their home. Very good questions, mind you.

Now, I didn't forcibly enter their apartment -- the front door was unlocked -- but I certainly was unlawfully, um, sleeping on a stranger's living room couch. Would that person have had the right to shoot sleeping-drunk-me in the head under that type of "castle law" or whatever it's called? Because that seems somewhat unreasonable.

Also, that happened in my early 20's, and convinced me that I really shouldn't get THAT kind of drunk so often, so there was an upshot to the whole experience.

The simple answer is that there is no simple answer. Every situation is different and will be judged differently. A quick rule of thumb to remember is that these situations are judged on the principle of what would a reasonable person do considering the totality of the circumstances. Laws regarding the use of deadly force are actually pretty logical and based on common sense. So, is it legal to shoot a car thief or drunken sleeping intruder on site, no.

 

[SkapeGote]

Sup guys,

Maybe it is a Canadian thing, but I have had 2 home invasions happen while I was home. Both times I had no cars in the driveway, I am assuming that is why I was targeted. Thought no one was home.

Anyway, once I was sleeping and came downstairs. He starred at me, I starred at him. He bolted.

The second time I was listening to a Pearl Jam record (literally a record) in my basement, someone kicked in the back door. I just yelled up the stairs and they took off.

I don't own any guns, I am not affraid of people with them either. I would never shoot someone for stealing from me. I couldn't live with myself if I took a life, even if it meant giving up my own. My first thought isn't "That so and so need to die" my initial one was always "What happened to that poor person to feel the need to do this". I hope this makes sense.

Skape

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