This is a discussion on Unarmed Home Invasion within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I'm not shooting if the guy is nonthreatening but it only takes seconds for someone to rush and be ontop of you. There is no ...
I'm not shooting if the guy is nonthreatening but it only takes seconds for someone to rush and be ontop of you. There is no time to determine their proper state of mind their intentions or wether they are completley disarmed. In a split second this guy could be around my neck or possibly disarming me..of course an 85 yr old man whose lost his way would be easy enough to hold off or hold down till police arrive..but a younger fitter person they may not be visably armed but they can grab an object from my house and in seconds flat be hitting me with it..sorry but the benefit of the doubt goes to me the homeowner whose house has been broken into and whose life is in danger.
[QUOTE=mr.stuart;2076768]I see trespass, and/or breaking a door or window in a different way. If I leave my door open and a person is standing inside,IMO,that is different. One thing I do know,in a court of law,small things are big things. For instance,I have a swimming pool.I keep my gates locked.If a person climbs over,and drowns in my pool,I have less liability than if I left the gate unlocked,and I got this from an attorney.This does not mean I cannot end up in court,just lessens my liability.IMO,wording does matter.[/QUOTE
In the state of indiana we have two charges for someone being in a building they are not supposed to be in. Unlawful Entry, means walking in without invitation or being specifically told not to go inside and going in anyway without breaking anything. Once something has been broken to gain entry it is burglary. The degrees of the charge vary but if its either in your home you have legal right to draw and if they come towards you fire.
"The value you put on the lost will be determined by the sacrifice you are willing to make to seek them until they are found."
If he's in my house he either broke through a window or kicked down a door. Either way the alarm will be screaming so if he didn't run at that noise he's dangerous and he dies. Especially since I don't know if he's alone or not. Its like I tell my kids when they come over: "My house, my rules." And the Texas Castle Doctrine backs me on that. I'll give thanks and ask for forgiveness when I know my family is safe.
Why?? Because at the last second, the Police are minutes away.
I believe oakchas said it all. My question is at what point is it that you do not know if he is armed or not? Do you ask him and accept his reply? Is this at night and maybe you cannot see everything that is really going on? Still agree with oak, no immediate guns blazing if he is standing in front of me with my firearm pointed at him. He stands still and hands on head and certainly out of pocket--makes any moves after I have commanded him, I shoot.
Anecdotal evidence, I know, but when I was a kid I woke in the middle of the night to my dad with a bat in his hand screaming at someone downstairs (entry level to the house). It was incredibly scary at the time, and we had no idea what was going on. They wouldn't respond, and didn't seem to be doing anything. We had an alarm system, and after the police got there, it turned out it was the old (dementia patient) lady from next door. She had somehow woke up in the middle of the night and went for a walk.
To this day we have no idea how she got in, my father was sure he locked the doors, and my family owns a home security company (we're very security conscious). I still think about that scenario fairly often and I see it as the same as many other scenarios we discuss here. Until the individual poses a lethal threat to myself or my family, I'm not going to shoot. I'm not going to kill them to defend my "stuff", so if they aren't posing a threat, let the cops handle them.
How times has a story been in the News were a drunk breaks into someones house thinking it was his place, becuase the darn key didn't work? Again, keeping with the What-If storyline that the BG(s) broke in, won't leave nor respond to you. The Police will handle the situation, unless the BG(s) become threatening before the Police arrive.
Maybe deaf drunks :)
Actually, I would have to research a story not to long ago. Where man actually broke into some one and jsut sat in the living room watching the TV. ( Swear to God) If I remember a family member of the homeowner went to the house and beat the guy up before the Police arrived. I have to find the story.
So, if you came down stair and found that a person broke into your home and sat watching TV, some would shoot the guy. The jury may not see the threat to use deadly force.
I found it.
Man breaks into home to watch TV, gets punched out | Local & Regional | KATU.com - Portland News, Sports, Traffic Weather and Breaking News - Portland, Oregon
Oct 30, 2011
PORTLAND, Ore. – Police said a man broke into a Portland home Sunday morning to sit on a couch and watch TV.
Jason Bastrom, 32, faces a criminal trespass charge after police said he let himself in through an unlocked door of a home on the 7100 block of North Fowler Avenue. Police said officers responded to a burglary call at the home at 7:29 a.m.
Jamie McGowan told KATU News Sunday she heard sounds in her house and called her mother, who called 911. Her mother also called Jamie's brother-in-law Greg Padden, who lives nearby.
"The guy was just standing right here in front of the TV with the remote in his hand," Padden said.
"I asked him what he was doing here. He mumbled something I didn't really understand, and then he proceeded to tell me 'it's Halloween, the doormat said welcome,' so he proceeded to let himself into the house," said Padden.
Police said Padden punched Bastrom when he put his hand in his pocket, knocking him out. He held him on the ground until police arrived.
Bastrom was taken to a hospital for treatment to his injuries. He was later booked into the Multnomah County Jail, police said.
The family told KATU News the doormat in front of their house does not say 'welcome' on it. It does not say anything at all.
This is not a What-If story but a real event that is close to the What-If, correct? Before everyone jumps on the "Bastrom when he put his hand in his pocket" Don't start assuming the what you want to justify shooting the guy.
It only states the guy put his hand into his pocket. The story didn't read that the guy stated "I'm going to shoot/stab/ or harm you" as he reached into his pocket.
Simply, he put his hand into his pocket. The story didn't make any statement afterwards that the guy was later found to have a weapon on him, which I'm sure they would have. One would assume the guy was unarmed.
How many of you truthy beleive that after you shot the unarmed, non-threatening guy that you wouldn't be seeing some Jail time for unauthorized Use of Deadly Force?
The Courts would decide.
Well, here's the thing.. If somebody invades my home, I'm going to have a gun pointed at them. If I'm yelling at them and they are acting like they don't hear me and don't seem to be concerned that I'm pointing a gun at them, they are probably going to get shot. It just depends. If they are just standing there, and don't appear to have a weapon, I might just keep my gun pointed at them until the police arrive. But if they start walking towards me, that is the end of it. I've told myself 1,000,000 times, if I ever have my gun pointed at somebody for whatever reason and they start walking towards me, I must pull the trigger. I will not risk somebody taking my gun from me and using it on me or my family.
So to summarize, if they are unarmed and seem like a zombie, I will just keep pointing the gun at them ready to fire at the first sign of a weapon. If they start waking towards me, I pull the trigger.
"Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws." -Plato
Plus that guy may have been ordering a ton of pay per view, I say BLAST HIM and keep shooting til the remote is out of his hand.
They don't need to be armed to pose a threat.
As said before, you never know if someone is armed. He is a stranger in my house, that is threat enough. Bang, your dead. Bang, I killed you again. Then 911
If the perp does not respond to commands to lie down, I will shoot.