Home Invasion / Robbery

Home Invasion / Robbery

This is a discussion on Home Invasion / Robbery within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I have a quick question(s): If a person breaks in and commits a home invasion, do I have the authority to shoot first and ask ...

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Thread: Home Invasion / Robbery

  1. #1
    Member Array BlackSS's Avatar
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    Home Invasion / Robbery

    I have a quick question(s): If a person breaks in and commits a home invasion, do I have the authority to shoot first and ask questions later? Will I have to wait 'til the BG aims / shoots a gun and then it's safe for me to fire? I've been asking around for some time but I keep getting mixed answers, a little help would be appreciated, thanks.


  2. #2
    Senior Member Array GoodSamaritan's Avatar
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    Welcome to the site, I don't have the answer for you, as I live in another state. I am sure someone here will though.

    In the mean time, I would go to the link page and look up a place called hangunlaws or packing.org and check on CA state laws.


    A little off topic here, but I will say it anyway. You live in a very restrictive state. The fact of the matter, is the local libs will likely crucify you in the media, and in civil court (lawsuits), should you ever have to protect yourself.

  3. #3
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    Greetings,

    The best advice I can give you is to contact your local prosecutor's office. Do it in writing. They will respond in writing. It will take awhile. However, when I want information pertaining to a legal issue that could result in my going to prison, I want a documentation trail. The police may give you an answer, but I can tell you from experince it may not be the correct answer. A defense attorney can give you an answer, and there is a very good possibility that it is the right answer, especially if you pay for it. However, it is going to be the prosecutor's office that will or will not refer charges on you, so their answer will be the correct answer.

    In my locality I am not required to retreat in my home to prove intent of harm to a level of using lethal force. However, this does not hold true everywhere. Your prosecutor's office can give you the correct answer.
    Procrastinators are the leaders of tomorrow.

  4. #4
    Senior Member Array AirForceShooter's Avatar
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    The answer rests soley on the law in your State.
    I haven't a clue what the law is in Cali. and I'm afraid to ask.

    AFS
    Gun control is hitting what you aim at

  5. #5
    Senior Member Array BlueLion's Avatar
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    I tell ya what, don't second guess it squeeze on him regardless of what your state laws say. First, if someone is crazy enough to break into your home while you are there, then what else will they do while inside your home. Squeeze then call the police because you were in fear for your life. We have a link on forum here where a two guys home invaded a female and her son and she shot and killed one and the other ran away. It's your home protect it. Because in reality any LEO will tell you that you they can't do it all.
    Listen, Think and React.....Nuff Said.....

  6. #6
    Member Array BlackSS's Avatar
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    I was just checking out California's state laws regarding gun control and I think we're #1 or close to it.

    Here's the link...
    http://www.stategunlaws.org/viewstate.php?st=CA

  7. #7
    Senior Member Array ssssthesnake's Avatar
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    i also live in kaliforniastan i dont know the answer either but i will be finding out think if some dirtbag is in my home he intends to harm me and mine ill shoot and deal with the aftermath although i live in a more gun friendly area than la

  8. #8
    Member Array LSCurrier's Avatar
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    I'm not telling you what to do, but if someone forcibly breaks into my home I WILL BE DEFENDING MYSELF AND MY FAMILY!!

    I will do whatever it takes to stop the intruder and after things are done we can sort everything out.

    I will not let myself or my family become victims due to fear of how some DA is going to interpret the intrusion.

    I pray this never happens, but I will prepare for the unlikely event that it might.

    Luke

  9. #9
    Member Array LSCurrier's Avatar
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    Quote Originally Posted by BlackSS
    I was just checking out California's state laws regarding gun control and I think we're #1 or close to it.

    Here's the link...
    http://www.stategunlaws.org/viewstate.php?st=CA

    Thought that you might like to know that the website that is quoted above is from the Brady Gun people - you know the anti-gun people.

    Don't be deceived into thinking that they are judging states appropriately!!

    Luke

  10. #10
    Ex Member Array Todd's Avatar
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    I majored in Criminal Justice in college. In the liberal la-la land of Massachusetts to top it off. One of my instructors was an old, grizzled, ex NYPD cop. One tough *******. Don't remember how many times the guy claims he was shot, including with a shotgun. Anyway, he used to say all the time that if someone breaks into your house, you kill the SOB. You don't hesitate. With the BG dead, you and your family are safe and there is only one side of the story.

    Disclaimer: Not meant for legal advice.

  11. #11
    Member Array BlackSS's Avatar
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    Quote Originally Posted by lscurrier
    I'm not telling you what to do, but if someone forcibly breaks into my home I WILL BE DEFENDING MYSELF AND MY FAMILY!!

    I will do whatever it takes to stop the intruder and after things are done we can sort everything out.

    I will not let myself or my family become victims due to fear of how some DA is going to interpret the intrusion.

    I pray this never happens, but I will prepare for the unlikely event that it might.

    Luke
    MY POINT EXACTLY!!! I mean I just don't understand this country, WE as law-abiding citizens have every right to defend and protect our familes from any kind of harm. I mean why do I have to take the stand in court and fight for my justice when there was a BG breaking in? I just don't get it anymore... God forbids when I have to shoot someone, but when it comes I'm ready for it. THANK YOU GUN CONTROL FREAKS!!!

  12. #12
    Member Array TCB in TN's Avatar
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    Protecting my family, versus protecting my stuff.

    I have had this discussion many many times and I have always said that even though I would be completely po'd I would not shoot someone to protect my stuff. If someone broke in while I wasn't at home and I found out who it was, I would just call the police and let them handle it. Someone tries to break in while I and my family are home then they better come strong cause I am going to do my best to protect my family. Plenty of lead is waiting on them. A few years back two of my elderly cousins were the victim of a home invasion. The scum bags that broke in killed them to keep them from being able to ID them. They currently reside in one of the states finest facilities. I have no intention of allowing my wife and kids to ever be in that situation. You break in while I am home, (or my wife and kids) you going to get shot, until you leave, we run out of ammo (not likely) or in some other way cease to be a threat to any of us. (The way you choose to quit being a threat is up to you). Leave under you own power or with the assist of Emergency personell, no big deal to us, but leave you will.
    There are only 2 people I trust in this world and you ain't one of'em!

  13. #13
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    Alot of good advise in contacting your local procecutor office. Also consider verbal warnings while on the phone to 911 if time allows. Might show your intent/ mindset that you do not want to just shoot first.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


    Nemo Me Impune Lacesset

  14. #14
    Member Array calireserve's Avatar
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    You can contact the District attourney,The local P.D. A defense attourney or whomever you want. In California the only thing that matters is what a Jury thinks.
    If someone Breaks into my home while I am there I am not going to worry about what anyone else in the world thinks. My main goal will be to survive the situation. If this means blowing his head off so be it.
    The bad guy has shown a specific intent by breaking into my house already . I will give one verbal command and If I don't see ass and elbows HE WILL SEE LEAD !!! I will defend myself by any means necessary. If you stop and second guess yourself you are dead. This is perecisely why we all carry firearms for self defense. If we have not thought out the scenarios in our head on what is a "good shoot" situation beforehand then we should reconsider why we carry weapons. just my .02

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